Often, another person, company, or entity will be responsible for the incident that led to your development of Cerebral Palsy or the development of Cerebral Palsy in your children or loved one. 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 Do I Need To Prove To Win A Cerebral Palsy Case?
What you need to prove depends on the kind of Cerebral Palsy case that you bring. The most common types are negligence and medical malpractice. No matter what form of action you pursue, though, 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, including the following: 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. At the end of the day, you must convince a jury of these points by a preponderance (think: majority) of the evidence. This is what you need to prove to win a Cerebral Palsy case.
What Can I Recover From A Cerebral Case?
Generally, personal injury litigation is meant to return victims to the state that they were in prior to the incident, as much as possible at least. Normally, plaintiffs seek damages for tangible costs, intangible suffering, punitive damages, and wrongful death expenses. With Cerebral Palsy lawsuits, this is still the same except there are different points of emphasis. Normally, the person doesn’t die-they are left with the condition-so that last category of compensation is not applicable in most instances. Also, in many states, including Illinois, punitive damages are not even allowed in medical malpractice cases so you have to set that aside as well. Yet, long-term medical expenses are a significant issue for Cerebral Palsy sufferers and this is usually a big area of recovery in these suits. Additionally, people with this condition can suffer extraordinary pain and suffering for a long time and, consequently, we see them bring a claim for these non-economic damages too. To understand exactly what you can obtain from a Cerebral Palsy case, contact our team of Chicago birth injury attorneys.
Have Any Other Questions About Cerebral Palsy Lawsuits?
The sections above just scratch at the surface of litigation involving Cerebral Palsy. It is one of the most complex categories of law in Illinois and every other state. The typical challenges associated with personal injury trials are magnified with such an extraordinarily complicated medical issue as Cerebral Palsy. Rosenfeld Injury Lawyers specializes in helping children with disabilities and their families. We know the in’s and out’s that it takes to secure justice for your child. Call our offices today to set up a meeting. Someone from Rosenfeld Injury Lawyers would be happy to speak with you.
To learn more about cerebral palsy cases, read the following articles: