What Are Cerebral Palsy Lawsuit Settlements?
Cerebral palsy settlements are payouts to families of children with cerebral palsy caused by medical malpractice.
Medical malpractice occurs when a doctor, hospital, or other health care provider fails to meet the standard of care and causes injury to a patient. In the case of cerebral palsy, a medical mistake before, during, or shortly after childbirth causes brain damage that leads to cerebral palsy.
Cerebral palsy settlements allow parents to provide their children with the best care possible. They also ensure that negligent medical professionals pay the price for their carelessness.
Some parents may be reluctant to take legal action, fearing a stressful, time-consuming, and emotionally draining process.
However, almost all birth injury lawsuits end in out-of-court settlements. As a result, parents are able to avoid the stress of a trial and access much-needed money more quickly.
See if your family is eligible for a cerebral palsy lawsuit settlement with a free case review.
What Is the Average Settlement for Cerebral Palsy?
A 2019 study that looked at 1,215 birth injury claims — including cerebral palsy claims — over a 9-year period found the average payout to be $936,843. This amount includes settlements and jury awards and works out to more than $1 million when inflation is considered for the nine years of data.
The average settlement amount for cerebral palsy is between $1.16 million and $1.32 million when adjusted for inflation in 2023.
Keep in mind that families may be awarded more or less through cerebral palsy settlements depending on the specifics of their case.
Cerebral Palsy Settlement Amount Examples
LawFirm.com works with some of the best cerebral palsy lawyers in the country. The attorneys in our network have recovered more than $862 million for families affected by cerebral palsy and other birth injuries.
Notable cerebral palsy settlements and verdicts obtained by our legal partners include:
- $9 million for a Colorado family of a 5-year-old
- $6 million for a New York family (child developed CP from untreated jaundice)
- $5.9 million for a Texas family (child developed CP from delayed medical care)
- $4.1 million for a New Jersey family (child developed CP from fetal distress)
A jury awarded nearly $183 million to a Pennsylvania family that sued the Hospital of the University of Pennsylvania for medical malpractice. The family alleged that the hospital’s delay in performing a C-section caused their child to develop cerebral palsy.
A birth injury lawyer can tell you how much your potential cerebral palsy settlement is worth after reviewing the facts of your case.
See if your family may be eligible for a cerebral palsy settlement. Contact one of our case managers right now at (888) 726-9160 for a free consultation.
How Are Cerebral Palsy Settlements Determined?
Different factors can affect the amount of compensation families obtain in cerebral palsy settlements.
Some of these factors include:
- Severity of cerebral palsy: The symptoms and severity of cerebral palsy and any related disabilities vary from person to person. Children with more severe forms of the condition are more likely to be awarded larger cerebral palsy settlements.
- Economic damages: These damages are for the child’s past and future medical expenses and future lost income. Many children with cerebral palsy need treatment and care for the rest of their lives and are unable to work.
- Extent of medical negligence: The level of medical malpractice can play a role in a cerebral palsy settlement amount, with more blatant instances of negligence often leading to larger cerebral palsy settlements.
- Number of parties sued: Many medical malpractice lawsuits name multiple defendants. It’s possible to settle with each defendant named in the suit.
- State where the child’s birth injury occurred: Some states have caps that limit the amount of money people can receive from a medical malpractice case.
- Your attorney: Lawyers who work for national cerebral palsy law firms have the experience and resources to win these medical malpractice cases – and they know how to maximize cerebral palsy lawsuit settlements for their clients.
Who Qualifies for Cerebral Palsy Settlements?
Generally speaking, parents (or guardians) whose children developed cerebral palsy because of a physician’s error are eligible for cerebral palsy settlements.
Examples of medical malpractice that can cause cerebral palsy include:
- Failure to perform a cesarean section (C-section)
- Failure to treat infant or maternal infections
- Ignoring signs of fetal distress
- Misuse of forceps and vacuum extractors
- Oxygen deprivation resulting in brain injury
- Untreated jaundice
Sometimes parents are unsure whether they are eligible to pursue cerebral palsy lawsuit settlements. For example, they may not know whether malpractice played a role in their child’s condition or if they still have time to file a medical malpractice claim.
LawFirm.com is here to help. We have registered nurses on staff who can help prove medical malpractice and a network of cerebral palsy attorneys who have recovered $862 million for families affected by birth injuries.
Chat with one of our cerebral palsy case managers right now and learn how we can help your family.
Find Out If You Can Pursue a Cerebral Palsy Settlement
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How Settlement Money Helps Families
Parents can use money from cerebral palsy settlements to pay for medical treatment, therapy, and other aids that can help improve their child’s quality of life. They can also use the money to make up for lost income if they need to stay home to provide care.
The cost to provide care for someone with cerebral palsy over the course of their life is about $1.65 million, excluding basic living expenses, according to data from the Centers for Disease Control and Prevention (CDC).
Cerebral settlements provide compensation for:
- Adaptive devices
- Lost wages
- Medical treatment
- Occupational and physical therapy
- Special education
- Speech therapy
- Transportation equipment
- And more
Lawsuit Settlement Process
Just thinking about filing a cerebral palsy lawsuit may seem overwhelming. You may be worried about the expense, stress, and time commitment.
The good news is that the lawsuit settlement process puts the weight on your lawyer and legal team. This makes the legal process as easy and stress-free as possible.
Additionally, top cerebral palsy attorneys take cases on a contingency fee basis, which means there are no upfront fees.
Learn more about how cerebral palsy lawsuit settlements work below.
1. Free Case Evaluation
You can learn whether your family qualifies to pursue a cerebral palsy lawsuit settlement through a free case review. This allows lawyers and their support staff (such as labor and delivery nurses) to hear your story and see if a health care professional’s medical error caused your child’s cerebral palsy.
2. Collection of Evidence
If you’re eligible for a cerebral palsy lawsuit, your legal team will start gathering evidence like your medical records and witness accounts to establish that medical malpractice took place.
They may also consult with medical experts to help prove your case and establish the amount of damages your family is owed.
3. Filing the Lawsuit
Your lawyer will file your cerebral palsy lawsuit in the appropriate court and before any legal deadlines.
Each state has a statute of limitations that sets a filing deadline. If you file your lawsuit after this deadline, you’ll miss your chance to pursue compensation and justice for your child.
4. Settlement Negotiations
Your lawyer will have a strategy to get your family the most amount of money possible through a settlement.
Cerebral palsy attorneys are skilled negotiators who can go head-to-head with medical malpractice insurance carriers. They know how much money it takes to raise a child with cerebral palsy and will fight for enough money to secure your child’s future.
5. Trial Verdict
In the event that a settlement offer isn’t enough to properly compensate your family, your lawyer will present your case in court. Then, a judge or jury will issue a verdict. If you win, you will be awarded compensation.
Benefits of Settling Cerebral Palsy Cases
Most cerebral palsy lawsuits — like most personal injury lawsuits in general — are settled out of court. That’s because cerebral palsy trials are riskier than settlements and typically take longer to award compensation.
Read about the main differences between cerebral palsy settlements and verdicts in the chart below.
|Provide families with quicker access to much-needed compensation||Can take several years for a lawsuit to resolve and a family to get compensation|
|Less risk as compensation comes from a predetermined agreement||More risk as a judge or jury may side with the defendant(s), leaving the family without compensation|
|Cannot be appealed||Can be appealed, which can threaten a prior verdict in your favor and extend the length of the case|
Statute of Limitations
Every state has laws called statutes of limitations. These laws set a time limit on how long people have to file different types of lawsuits, and they vary from state to state.
In cerebral palsy cases, these deadlines typically start to run on the date when the child is diagnosed with the condition. This could be at birth or months or even years later.
Because of all of these nuances, it’s recommended that parents contact a cerebral palsy lawyer as soon as possible to avoid missing the deadline in their birth injury case.
Once the statute of limitations has expired in your case, you will no longer be able to pursue a cerebral palsy settlement.
Get Help With a Cerebral Palsy Settlement
Health care providers are expected to meet the standard of care when delivering babies and should be able to adjust when an emergency arises.
When they fail to do so, innocent families and children pay the price. Cerebral palsy lawsuit settlements allow families to take back control and hold negligent medical professionals accountable.
LawFirm.com is here to help 24/7. The cerebral palsy law firms that we work with:
- Can handle cases in all 50 states
- Have secured $862 million in birth injury payouts
- Never charge any upfront fees
Contact one of our team members right now to get started with a free case review.
Cerebral Palsy Malpractice Settlement FAQs
Can you sue if your child has cerebral palsy?
Yes, you may be able to sue for cerebral palsy if the condition was caused by medical malpractice.
In these instances, a cerebral palsy lawyer can file a legal claim on behalf of the family, collect evidence to prove medical malpractice, and negotiate a cerebral palsy malpractice settlement to help the family pay for treatment and other expenses.
What is the average settlement for cerebral palsy?
The average settlement for a cerebral palsy birth injury case is between $1.16 million and $1.32 million in 2023.
This settlement range is based on data from a 2019 study of 1,215 birth injury claims over nine years resulting in both settlements and jury awards and adjusted for inflation.
What is cerebral palsy compensation?
Cerebral palsy compensation is money that is paid to families with children who developed cerebral palsy as a result of medical malpractice on the part of an obstetrician or other health care provider.
Families can use cerebral palsy compensation to help pay for medical treatment, therapy, home care, and more.
Is cerebral palsy caused by medical negligence?
Yes, in many cases, cerebral palsy is caused by medical malpractice or negligence.
Examples of medical malpractice that cause CP include failing to:
- Detect and treat fetal distress
- Perform a C-section in time
- Properly use forceps or a vacuum extractor
- Respond to lack of oxygen during the birthing process
- Treat infections in the mother and baby
In these cases, families may be able to pursue labor and delivery malpractice settlements to help provide care for their children.
How do I find lawyers to help pursue a cerebral palsy settlement?
If you’re looking for lawyers to help with a cerebral palsy settlement, LawFirm.com can help.
We’ve partnered with experienced cerebral palsy lawyers who have recovered $862 million for families affected by cerebral palsy and other birth injuries.
The lawyers in our network:
- Can take cases in all 50 states
- Have registered nurses on staff who can help prove medical malpractice
- Never charge any upfront fees
- Are practiced in cerebral palsy litigation
Contact one of our case managers right now for a free case review.