(845) 802-0047In addition to being expensive, caring for a child with cerebral palsy can be both physically and emotionally exhausting. You want to give your child the best life possible, but you may also be wondering how you will pay for all their medical, therapy, and assistive device expenses.
However, if your child’s cerebral palsy resulted from a doctor’s negligence during their birth, there may be help available to you. An experienced Schenectady cerebral palsy birth injury lawyer should understand the stress and heartbreak your family may be facing. If you choose to retain one, a hardworking birth injury attorney may be able to assist you in in seeking compensation for your damages.
What Causes Cerebral Palsy?
The Centers for Disease Control (CDC) estimates that on average 1 in every 323 children in the United States have cerebral palsy (CP). It is the most common motor disability in childhood in this country. This type of disorder can impact a person’s ability to move, as well as their ability to maintain their own balance and posture.
For some children, this disorder is initiated at birth. When babies are deprived of oxygen during the labor and delivery process, abnormal brain development or damage can occur. Sometimes, the lack of oxygen to the baby is related to a physician failing to act when they should.
A physician has the potential to cause a head injury during birth as well. Head injuries at birth can also increase the child’s risk of being diagnosed with cerebral palsy. Either way, a Schenectady cerebral palsy birth injury attorney could help establish whether a doctor’s reckless or careless actions directly caused such a condition in your child.
Cerebral Palsy Statute of Limitations
A statute of limitations is a mandated amount of time in which a plaintiff must file a lawsuit for their injuries. As detailed in New York Civil Practice Law & Rules §214-a, the statute of limitations for cerebral palsy cases is two years and six months from the date of the injury. If a lawsuit is not filed within the statute of limitations, the potential plaintiff may no longer have a valid legal claim for damages stemming from their injuries.
Since cerebral palsy can be caused by events or negligence that occurred at birth, the statute of limitations can become more complicated. In some cases, potential plaintiffs and their families may have as long as ten years to file their lawsuit. Consulting with a knowledgeable cerebral palsy birth injury lawyer in Schenectady could help affected families determine when they need to file their lawsuit.
The Role of a Schenectady Cerebral Palsy Birth Injury Attorney
A knowledgeable Schenectady cerebral palsy birth injury lawyer may be able to file a claim for the compensation you are entitled to. They could start with sending a demand letter to the doctor, hospital, and if applicable, other medical professionals involved in your birth who may have acted negligently. This letter may open the door to negotiations for a settlement, avoiding a long or emotional trial.
However, if a fair settlement cannot be reached, your attorney would let you determine how you would like to proceed. If you decide to take your claim to trial, your lawyer could present and argue your case before a judge or a jury.
Negligence in cerebral palsy cases can be difficult to prove. The sooner you seek legal help, the more successful your case may be. Contact an attorney today to find out how they may be able to help you.