The following steps are what you can expect from a cerebral palsy birth injury lawsuit. Schedule a free consultation with an experienced lawyer. If you meet the necessary qualifiers, our cerebral palsy attorneys will take your case. After we decide to take your case, we establish an attorney-client relationship with you. NOTE: You do not need a cerebral palsy diagnosis for a case review. Gather evidence, information, and documentation to support your birth injury case. This will aim to demonstrate that your child’s condition resulted from the medical professional that was in charge of the birthing process. Key pieces of evidence could include:
Documents showing complications or associated conditions
Documents describing what happened during or around the time of the birthing process
Tests such as X-rays and MRIs
Medical records to prove that the child has cerebral palsy or another birth injury condition
Maternal health records
File a lawsuit and seek compensation. The legal professionals assigned to your case will file a lawsuit for financial compensation and pursue justice on your behalf. Defendants have 30 days to respond to the legal action. Both sides work together to gather more evidence in a process called discovery. Both legal teams will gather evidence and information from medical experts, witnesses, and other sources to support their case. The case either reaches a settlement or goes to trial. If both parties cannot agree on a fair settlement, the case goes to either a judge or a jury trial. Very few cerebral palsy cases go to trial, as it can be costly and risky to do so.