Cerebral Palsy Legal Help
When your child is diagnosed with cerebral palsy, the emotional and financial impact can be overwhelming. In some cases, the condition may have been caused by preventable medical mistakes during pregnancy, delivery, or shortly after birth. Legal action gives parents a chance to seek accountability and secure financial support that can help cover the cost of lifelong care.
Even if you’re unsure whether negligence played a role, speaking with a legal professional can give you answers and options. Below is a breakdown of what legal help can offer families dealing with cerebral palsy.
My Child Has Cerebral Palsy - How Do I Get Legal Help?
The first step is finding a birth injury lawyer or law firm with experience handling cerebral palsy cases. Most offer free consultations to review your child’s medical history and determine if you have grounds for a claim. You don’t need to gather every document before calling—attorneys can request records directly from hospitals or providers. Look for lawyers who work on a contingency fee basis, meaning they are only paid if you win your case.
The average lifetime cost to care for a child with cerebral palsy is over $1.6 million. Find out if your child is eligible for legal compensation. Get a free case review now.
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What Things Can Compensation Cover?
If your case is successful, compensation can help cover a wide range of current and future costs related to your child’s condition. This financial support can ease the burden on families and improve the quality of life for your child.
Common expenses covered include:
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Physical, occupational, and speech therapies
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Medications and specialized medical care
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Mobility aids like wheelchairs, braces, or walkers
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Home or vehicle modifications for accessibility
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Special education support and private caregivers
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Surgeries or procedures not covered by insurance
Compensation can also account for lost future earnings, pain and suffering, and emotional distress—both for the child and the family. These funds are often structured to support your child throughout their life.
How Do I Know if I Have a Case?
You don’t need to have proof of malpractice before reaching out to a lawyer. A good birth injury law firm can review your medical records, labor and delivery timeline, and any unusual complications to assess whether negligence may have caused your child’s cerebral palsy.
Common signs include delayed C-sections, lack of oxygen at birth, or improper use of delivery tools. The legal team will usually consult with medical experts to determine if care fell below accepted standards. These evaluations are often free and require no commitment to file. If a case does exist, you’ll have a clear path forward with professional guidance.
When Should I Take Legal Action?
The best time to speak with a lawyer is as soon as you suspect that medical negligence may have occurred—even if you’re not ready to file a lawsuit. Each state has a statute of limitations, which is the legal deadline for filing a birth injury claim.
Missing this window can mean losing your right to seek compensation, no matter how strong your case may be. Acting early also helps preserve evidence, such as hospital records and witness statements.
Importantly, contacting a lawyer does not lock you into a lawsuit—it simply protects your options. Waiting too long could cost you the ability to take action later.
Quick Fact: Each state has a different statute of limitations for medical malpractice or birth injury claims often ranging from 1 to 3 years after birth or diagnosis. However, many states make exceptions for minors, giving more time for parents to file on their child’s behalf. Still, it’s critical to speak to a lawyer as soon as you suspect your child may have cerebral palsy.
How to File a Lawsuit
Filing a cerebral palsy lawsuit is a structured process that ensures your claim is properly investigated and presented. It begins with meeting an attorney who understands birth injury law, followed by gathering medical evidence and building a strong case with expert input.
From there, your lawyer will officially file the complaint in court, exchange evidence with the opposing side, and work toward a fair settlement—often without needing to go to trial. Most attorneys handle these cases on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if you win.
1. Initial Consultation
Your first step is meeting with a lawyer for a free evaluation of your case. You’ll share details about your child’s birth, medical history, and any concerns about negligence. This meeting helps the attorney determine whether you have a valid claim worth pursuing.
2. Case Review & Investigation
If the attorney takes your case, they will request your child’s and mother’s medical records from the pregnancy, labor, and postpartum period. They will then work with independent medical experts to review the records for signs of negligence. This step often uncovers the key evidence needed to support your claim.
3. Filing the Complaint
Once evidence is gathered, your lawyer will draft and file a legal complaint in court, outlining your allegations and what compensation you’re seeking. This document officially starts the lawsuit. The defendant (hospital, doctor, or other provider) will be served with the complaint and given a deadline to respond.
4. Discovery Phase
During discovery, both your legal team and the defense exchange relevant documents, medical records, and witness statements. Your attorney may take depositions—formal interviews under oath—of medical staff and experts. This phase allows both sides to fully understand the strengths and weaknesses of the case.
5. Negotiations or Mediation
Many cerebral palsy cases are resolved before trial through settlement discussions or mediation. Your lawyer will present evidence and push for a fair amount to cover your child’s lifetime needs. If a settlement is reached, you’ll avoid the time, expense, and stress of a trial.
6. Trial (if needed)
If a settlement cannot be reached, the case moves to trial. Your attorney will present evidence, question witnesses, and make arguments before a judge or jury. The court will then decide whether negligence occurred and, if so, how much compensation to award.
How Long Does a Cerebral Palsy Lawsuit Take?
Most cerebral palsy cases take one to several years to resolve, depending on the complexity of the case and whether it goes to trial. After your legal team accepts the case, they’ll begin gathering evidence, consulting experts, and trying to negotiate a settlement.
Many cases are settled without going to court, which can reduce the time and stress involved. If a settlement isn’t reached, the case may proceed to trial, where a judge or jury will decide the outcome.
Throughout the process, your legal team keeps you informed and handles all paperwork and communications. While the timeline can be lengthy, the end result can make a life-changing difference for your child.
Cerebral palsy malpractice cases often have settlements over $1 million. If your child's cerebral palsy was caused by a preventable birth injury, you may qualify for legal compensation. Check if you're eligible by getting a free case review now.
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Statute of Limitations
Every state has a statute of limitations that sets the legal deadline for filing a medical malpractice or birth injury claim. These deadlines can range from one to several years, and some states have special rules for minors. Missing this window usually means losing your right to sue, so it’s important to know your state’s rules early.
What if My Child’s Cerebral Palsy Was Diagnosed Years After Birth?
Yes, in many states, you may still be able to file a claim even if the diagnosis came years later. Some legal timelines are based not on the birth date, but on when the injury was discovered or should reasonably have been discovered.
This is often called a “discovery rule” and is designed to protect families who only learn of their child’s condition after a delay. The rules vary by state, and some allow claims to be filed up until the child turns a certain age. Because of these variables, it’s best to speak with a lawyer as soon as you receive a diagnosis. Even if time has passed, you may still have legal options available.
How is The Settlement Amount Determined?
The settlement amount in a cerebral palsy case is designed to provide financial support for your child’s needs throughout their lifetime. It’s not a random figure—it’s carefully calculated using medical evidence, expert opinions, and projections of future expenses.
Factors such as the severity of your child’s condition, anticipated care requirements, and how the injury affects their ability to work later in life all come into play. Attorneys often collaborate with life care planners, economists, and medical specialists to ensure the settlement truly reflects the long-term costs your family will face.
1. Severity of Your Child’s Condition
The more severe the CP symptoms, the higher the anticipated costs for care, therapies, and equipment. Children with significant mobility or communication challenges often require more extensive and ongoing support. This directly increases the settlement amount needed to meet their needs.
2. Projected Lifetime Care Costs
Life care planners create a detailed roadmap of what your child will need over the course of their life. This includes home modifications, personal care aides, adaptive technology, and specialized education. These projections ensure that future expenses are accounted for, not just current ones.
3. Past and Future Medical Expenses
Medical records help quantify all past hospital visits, treatments, and therapy costs. Future expenses—such as surgeries, medications, and routine therapy—are then estimated using expert input. These costs can span decades, so accuracy here is critical.
4. Lost Earning Potential for Your Child
If your child’s cerebral palsy prevents them from working or limits their career options, lost income over their lifetime can be added to the claim. Economists project what your child might have earned in a typical career, adjusting for inflation and work-life expectancy. This ensures financial support for income they will never be able to earn.
5. Pain, Suffering, and Loss of Quality of Life
Not all damages are purely financial—your attorney will also seek compensation for the emotional, physical, and social impact of CP. This can include loss of independence, chronic pain, and inability to enjoy certain life experiences. These damages recognize the human cost beyond bills and wages.
Many cases of cerebral palsy are caused by preventable birth injuries. If you think your child's CP was due to medical negligence, contact us now and get a free case review at zero cost.
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Cerebral Palsy Hub Team
Cerebral Palsy Hub was founded to help support children and their families with cerebral palsy and to create a safe space for those affected. We strive to provide the most accurate, up-to-date information, and tools to help give your child the life they deserve.
Last Updated: September 1, 2025
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