How can a Cerebral Palsy Lawyer Help?

Once you discover your child has Cerebral Palsy, there will be many things to do. Before trial, your lawyer will conduct investigations, interview third parties, draft a lawsuit, speak with opposing counsel and more. During trial, your lawyer will present your case to the jury, depose witnesses and question defendants. After trial, your lawyer will examine the merits of the case or settlement and either obtain the funds you deserve or prepare a sufficient appeal. A lawyer experienced in personal injury litigation will manage your Cerebral Palsy case. This will guarantee you have the best shot at success and can focus more time on your family.

Generally, the value of any service is what it brings you. However, with Cerebral Palsy cases, we know that recovery is about more than dollars and cents. That is why we work so tirelessly to obtain compensation victims need to move on with their lives. We work on contingency and bear legal costs unless and until your award is satisfactory.

Often, another person, company, or entity will be responsible for the incident that led to the development of Cerebral Palsy. When this happens, you might be able to bring a lawsuit against them for damages in an Illinois court of law. In order to do this, you need to gather all relevant facts, build a sufficient legal argument, and present a persuasive case at trial. During all of these stages, it can help to have an experienced attorney to assist you because Cerebral Palsy cases are complex and technical.

What you need to prove depends on the kind of Cerebral Palsy case you bring. The most common types are negligence and medical malpractice. No matter what form of action you pursue, you need to draft and file a legally sufficient complaint. That complaint must list how you or your loved one was injured, who was responsible for the injuries, what law affords you relief, and what kind of relief you are requesting. Then, at court or through settlement, you must prove these things as well as deny any affirmative defenses the defendant raises (you were responsible for the injuries; some unnamed third party was responsible for the injuries; or the injuries are not as severe as you suggest). You must convince a jury of these points by a preponderance of the evidence.

Specifically, Illinois law allows you to seek compensation from the person that caused the harm by proving the following:

• A doctor-patient relationship existed between the OB-GYN and the mother


• The OB-GYN had a duty of care to the mother and her child


• The OB-GYN and/or medical staff breached their duty of care owed to the mother and newborn child


• The OB-GYN’s and/or medical staff’s breach of care was the proximate cause of injury to the child


• The newborn baby has incurred cerebral palsy and potentially additional physical or emotional harms as a result of the doctor’s conduct