What Type of Compensation or Damages can be Recovered in a CP Lawsuit?
If you have a child with cerebral palsy, you understand the financial and emotional toll that the condition can have on your family. Your child will need to have extensive medical treatment, from doctor’s appointments to surgeries and medications. You may also need to make mobility accommodations for your child and purchase expensive equipment, as well as take him or her to therapy.
In addition, you and your family may suffer from other damages, such as emotional pain and suffering. However, financial options are available to get you and your family back on your feet. You can claim multiple forms of compensation for your child’s injury in a cerebral palsy lawsuit in your state civil court.
What is a Cerebral Palsy Settlement?
When you have a child with cerebral palsy, you can recover financial compensation with the medical professional responsible for his or her injuries through a cerebral palsy lawsuit. You file this lawsuit in your state’s civil court and your attorney informs the medical professional of his or her options. The medical professional has a choice to combat your claim in civil court or to settle your claim outside of court.
The majority of cerebral palsy and medical malpractice lawsuits settle outside of court. In these situations, the at-fault party pays you a settlement under an agreed-upon amount. If you do not settle outside of court, the judge and jury will determine how much compensation you receive. You can claim a cerebral palsy settlement to pay for multiple injuries and losses related to your child’s cerebral palsy injuries.
Types of Damages You can Receive in a Cerebral Palsy Settlement
Damages and compensation in cerebral palsy claims vary from case to case. When you determine what types of damages you can receive in your child’s cerebral palsy claim, you will have to define what injuries and losses your family and your child suffered because of the condition. Since cerebral palsy is life-long, you also have to calculate the damages your child will need for lifelong care. You can claim both economic and non-economic damages in a cerebral palsy lawsuit.
Economic damages refer to costs that you can quantify through bills, receipts, invoices, and other out of pocket pieces of evidence. Non-economic damages are different – you cannot quantify these damages through a paper trail, but the court has ways to calculate these emotional injuries and losses. In some states, you can claim punitive damages against a medical professional in your lawsuit. These damages punish the medical professional for especially negligent or reckless behaviors.
You can claim multiple types of damages in cerebral palsy lawsuits, including the following:
- Past and future medical care, including medication, doctor’s visits, hospitalizations, surgeries, and emergency room visits
- Loss of wages if you or your spouse had to leave work in order to care for your child
- The cost of therapies for your child’s cerebral palsy, including physical therapy, occupational therapy, recreational therapy, speech-language therapy, and physiotherapy
- Mobility equipment, assistive equipment, and assistive technology, such as wheelchairs, mobility scooters, and communication devices
- Costs of special education
- Modifications to your home so you can accommodate your child’s mobility needs
- Emotional pain and suffering, mental anguish, and distress caused by your child’s cerebral palsy
How Much can You Receive From a Cerebral Palsy Settlement?
Courts determine the cost of your child’s cerebral palsy settlement on a case-by-case basis. As such, we cannot provide an exact estimate for how much money you could receive in your settlement. In some cases, a family may receive $500,000 for their child’s cerebral palsy, and in another case, a family could receive $6 million for their child’s cerebral palsy. Certain circumstances impact how much you could receive in your lawsuit.
For example, the more severe the medical negligence that led to your child’s injuries were, the higher your final settlement will be. In addition, if your child has a more severe type of cerebral palsy that significantly limits his or her physical capabilities, your settlement will likely be higher. Different states will also place caps on the amount of money you can claim in your lawsuit.
Most states do not place a cap on economic damages in cerebral palsy cases. However, non-economic damages and punitive damages often have damage caps. For example, Virginia limits the amount of non-economic damages you can claim to 2.1 million. California caps non-economic damages at $250,000. You will have to check your state requirements to see if these caps would limit your potential award amount.
The cost of your child’s past and future medical care will make up a large portion of your child’s cerebral palsy settlement. You can calculate your child’s past medical care by examining the paper trail, but the future cost will require a life care plan. Economic and medical experts will examine your child’s condition and estimate the cost for lifelong care, anticipating future events and treatments your child may need down the line.
Do you have a child with cerebral palsy as a result of medical malpractice and birth injuries? You can claim compensation for your child and your family through a cerebral palsy lawsuit. Contact Rosenfeld Injury Lawyers, LLC today to learn more about your legal options and begin the lawsuit process as soon as possible.