Legal help for
cerebral palsy

How do I get legal help for cerebral palsy?

The first step is locating a lawyer or firm that specializes specifically in birth injury lawsuits, not general personal injury law. Birth injuries are a distinct segment of medical malpractice law with separate standards, statutes, and case law that require specialized litigation experience.

Birth injury cases require greater skill than typical personal injury claims and involve dealing with powerful hospital groups and insurance companies. Some states have different statutes of limitations specifically for birth injury claims. We recommend finding a lawyer who focuses solely on birth injuries and has handled thousands of claims, not one who occasionally takes a malpractice case between auto accidents.

Our network of birth injury lawyers focus on cerebral palsy birth injury lawsuits in all 50 states and have secured billions in financial assistance on behalf of birth injury victims. There is no cost to your family unless you receive an award.

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Select any topic below for a detailed guide, or continue reading for a full overview of your legal rights.

How much are cerebral palsy settlements?

Approximately 95% of birth injury and CP claims end in settlement. Once evidence is gathered, both sides can better predict the likely trial outcome, making settlement a practical way to fairly compensate families without the risk of an adverse verdict and without waiting years for a payout.

It is very common to see cerebral palsy settlements above $1 million. Since the average cost to care for a child with CP reaches $1.74 million, the economic damages alone can be significant. Adding pain and suffering damages can push totals to $2 million or more. Here are examples of awards secured by our partner lawyers:

Settlements are typically binding on both sides, include confidentiality clauses, and contain global settlement agreements that prevent similar future claims. They are an effective way to compensate families without the uncertainty of trial. See our recent settlements page for more examples.

How does a cerebral palsy lawsuit work?

These claims differ from ordinary personal injury work in what they require: obstetric and pediatric neuroradiology experts, a life care planner and an economist. Expert fees alone commonly reach six figures before trial, and the firm advances all of it.

Three elements have to hold. A duty of care was owed, meaning a provider-patient relationship existed, which is normally straightforward to establish. That duty was breached, meaning care fell below the accepted standard, which is established by expert testimony rather than by outcome. And damages resulted from the breach, meaning the provider’s actions were the primary cause of the child’s injury. The third element defeats most enquiries, because cerebral palsy has many causes involving nobody’s error.

In CP cases, linking the provider’s negligence as the primary cause of the injury requires legal and medical expertise. Your lawyer will utilize a combination of medical records, diagnostic imaging, expert medical opinions, witness testimony, and fetal monitoring logs to meet these burdens. All claims must be filed within the statute of limitations deadline, missing it disqualifies your claim entirely.

How long do I have to file a cerebral palsy lawsuit?

All claims have a time limit called a statute of limitations. For CP birth injury claims, this typically ranges from 1 to 4 years depending on who files, the type of damages, and the state where the injury occurred. Visit our statute of limitations page for your specific state.

Claims filed on behalf of the child

A legal guardian may file on behalf of an injured child while they are under 18. Most states limit the deadline to 1–4 years from the date of injury. However, this period is extended in many states by the time needed to discover the injury or the negligence that caused it, and many states extend the deadline until the child turns 18.

Claims filed by parents

Parents often have the additional right to seek compensation for loss of consortium, the harm suffered by family members for the loss of a child’s affection, companionship, and normal relations. Most states limit this to 1–4 years from the date of injury.

Wrongful death claims

In the tragic case of wrongful death due to a birth injury, most states only allow 1–3 years from date of death to file a claim. Significant time is needed to properly gather evidence in these cases. Speak with a lawyer immediately if this applies to your situation.

How to file a cerebral palsy lawsuit in 3 steps

Filing a birth injury claim can involve gathering volumes of medical records, hiring medical experts, filing court pleadings, and attending depositions. Fortunately, your CP lawyer handles 99% of these tasks so you and your child can focus on daily life.

In most cases you will attend a mediation within 12 months to try to settle. If unsuccessful, trial is typically set around 18 months from filing. However, many claims settle in less than 12 months once evidence is gathered and both sides can assess the likely outcome.

Do you qualify for a cerebral palsy lawsuit?

Reports show an unfortunate number of CP cases are due to errors made during the delivery process that could have been avoided. If you suspect your doctor or hospital staff made mistakes, it’s important to have your birth records reviewed by a lawyer or independent nurse. This may be the only way to get an unbiased explanation of what occurred.

Several forms of medical negligence can cause cerebral palsy and may support a claim.

The failures that recur are specific and documented. Ignoring abnormal fetal heart rate patterns during labor. Improper use of forceps or a vacuum extractor. Mishandling a prolapsed or compressed cord, which cuts off oxygen. Delaying or never performing a necessary cesarean. Failing to detect or treat an infection during pregnancy or delivery. Failing to recognize and respond to fetal distress. And inadequate monitoring of a pregnancy already known to be high-risk.

Families frequently report that nobody explained what happened. That is worth knowing for two reasons: a written explanation is something you are entitled to request, and a mismatch between the records and what a family was told can itself support an argument that the filing deadline was tolled.

What is the average cerebral palsy lawsuit amount?

Because CP affects every child differently, each lawsuit is unique. However, a 2003 CDC study estimated the total lifetime cost to care for a person with CP at approximately $1 million, or $1.74 million in today’s dollars, and this serves as the baseline for economic damages calculations.

Case value is driven by the projected cost of care for one specific child rather than by the diagnosis. A life care planner projects therapy, equipment replacement, home modification and attendant care across decades; an economist converts that to present value and adds lost earning capacity. Past medical bills are usually the smallest line.

Legal factors then move the number. Whether the record clearly documents the departure. Whether causation holds against the alternative explanations. Which state the case is filed in, since several cap non-economic damages by statute. And whether the firm is credibly prepared to try the case, because insurers price their opening offers accordingly.

The Cerebral Palsy Center works only with lawyers who specialize in birth injury litigation and have handled thousands of cases. Contact us today to speak with a lawyer and understand what your case may be worth.