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(757) 244-7000How To File a Lawsuit: Cerebral Palsy Settlements
Cerebral palsy (CP) is often directly caused by negligence on the part of a medical professional or medical provider. It typically involves birth and brain injuries that cause long-term developmental conditions. If you or your family is considering taking legal action in connection with cerebral palsy, this page will help explain the steps you need to take to file for a cerebral palsy settlement.
The goal of cerebral palsy lawsuits is to recover monetary compensation for the costs needed to treat the condition and improve the victim’s quality of life. In many instances, the family of a cerebral palsy victim will need upwards of $1 million to pay for medical treatment, surgical procedures, and assistive medical devices.
We understand the challenges and difficulties associated with filing a complex claim like a cerebral palsy lawsuit. You might not know where to begin, and you may not understand who is liable for your child’s medical condition.
Cerebral palsy lawsuits are a type of medical malpractice case. At The Smith Law Center, we have extensive experience dealing with medical malpractice claims and can assist you in obtaining the highest possible compensation for your case. Contact us at (757) 244-7000 for a free, no-cost obligation to determine your legal rights and next steps.
Compensation in a Cerebral Palsy Lawsuit: What Does it Cover?
Compensation in a cerebral palsy settlement or lawsuit is intended to address the financial burdens that the victim and their family must shoulder. These expenses can add up over the years, as they are not one-time treatments or surgeries. Cerebral palsy lawsuit awards can cover:
- Past, ongoing, and future medical treatment
- Special medications
- Surgeries
- Pain and suffering
- Costs of therapy or rehabilitation sessions
- Equipment costs such as wheelchairs, wheelchair ramps, and vehicle modifications
- Special education or courses
A qualified attorney can calculate the lifelong costs and can help the family obtain the highest settlement figure. In fact, the settlement amount often depends on the attorney’s ability to present evidence in court and argue for the most appropriate amount of damages.
Preparing for a Cerebral Palsy Lawsuit
There are several steps you and your family can take in order to sufficiently prepare for a cerebral palsy lawsuit. These can be accomplished with the assistance of a lawyer and include:
- Making a timeline of important events and dates (term of pregnancy, birth date, important meetings with a doctor)
- Compiling medical records that might support your claim
- Listing potential witnesses who might be able to testify in court
- If a defective device is involved, recording the product name or model number if possible
- Creating a catalog of costs and expenses related to CP treatments and equipment
- Making a note of any other similar cases you may have heard of
- Preparing a list of questions you might have for your attorney
Handling all the details of a lawsuit can be made easier with the help of a lawyer who has experience in handling cerebral palsy cases. A lawyer will be able to guide you through the filing process and will keep you informed regarding the status of your case.
Here are a few other helpful tips to keep in mind:
- All CP lawsuits are different: Your case is unique. Every CP case can differ greatly from one to the next. The more information you can provide your attorney, the better they will be able to prepare your case for trial.
- Multiple parties can be liable: In certain cases, it can be a combination of parties and people acting together in a negligent manner that results in undetected perinatal infection, birth injuries, and other factors linked to cerebral palsy.
- Payouts can be substantial: Cerebral palsy settlements can involve considerable sums. A qualified lawyer can help ensure you aren’t leaving any money on the table.
- Time limitations will apply: You may have a limited time window in which to file your lawsuit. Don’t delay, or you may miss your chance at recovery completely.
Remember, insurance companies and agents have their own interests in mind, not yours. Insurance companies or the medical provider may often offer a settlement figure, but such offers typically don’t cover all long-term costs and expenses.
What is Cerebral Palsy?
According to the Cerebral Palsy Research Network, Cerebral palsy (CP) may be defined as a group of permanent disorders related to movement and posture. These are usually caused by disturbances that occur during fetal or infant brain development.
The limitations in physical activity and motor disorders associated with CP typically include:
- Musculoskeletal disorders
- Epilepsy
- Disturbances in sensation, cognition, communication, and perception
- Various psychiatric conditions
- Urinary incontinence
- Diseases of the mouth
- Abnormal perceptions of pain or touch
It is broadly accepted that only brain injuries occurring before the age of two or three years old fit the definition of CP.
There are different types of cerebral palsy, such as ataxic cerebral palsy (caused by a brain injury to the cerebellum before birth, during birth, or shortly afterward) and quadriplegic cerebral palsy (referring to the stiffness of muscles accompanying the condition).
CP is a lifelong medical condition for which there currently is no cure. However, proper management and treatment can help reduce many of the hardships and challenges associated with brain injuries. Again, such management can involve heavy financial costs, which may continue throughout the entire lifespan of the victim.
Causes and Liability in a Cerebral Palsy Lawsuit
One of the most complicated aspects of cerebral palsy settlements is determining which people or parties may be liable for the injuries. Since brain injuries can result from a number of scenarios, it also follows that various parties can be held liable for cerebral palsy resulting from malpractice.
Common causes of cerebral palsy include:
- Head trauma during pregnancy or after birth
- Infections of the womb
- Loss of oxygen (typically associated with a breech birth)
- Brain hemorrhage due to fetal stroke
- Premature delivery
- Mishandling of the infant during birth or other birth injuries
In nearly 90 percent of cases, CP results from healthy brain tissue being damaged rather than from brain development abnormalities.
Such tissue damage is often the result of another person’s negligence. Liable parties may include:
- Medical professionals, especially those involved in childbirth
- Other medical workers, such as nurses or supporting staff
- Hospital administrative staff (for instance, if they negligently signed off on erroneous paperwork or instructions)
- Medical device manufacturers (for example, if a medical device failed during childbirth, causing a brain injury)
Basically, any party that disregarded or violated their duty to provide care and safety to a patient can be held liable. In the case of CP, the violation must have directly caused the brain injury in order for the party to be held liable.
Most people won’t understand the basics of cerebral palsy liability without the help of an attorney. A qualified cerebral palsy lawyer can examine the medical records and evidence to build a case for liability that can be presented in a court of law.
A Qualified Lawyer Can Help You Obtain the Highest Cerebral Palsy Settlement
The complexity of cerebral palsy settlements requires the attention and skill of attorneys who have a high degree of experience with the subject matter. At The Smith Law Center, we have decades of experience handling medical malpractice and cerebral palsy claims.
Our law firm is one of the most respected firms in the nation when it comes to brain injuries and their effects on people’s lives. Attorney Stephen Smith is President of the National of Brain Injury Trial Lawyers of America, as well as past President of the Brain Injury Association of Virginia.
Get in touch with us today at (757) 244-7000 for a free consultation and review of your CP claim. Our attorneys are on hand to ensure that your family receives the closest attention and guidance for your claim.
Cerebral Palsy Settlements FAQs
What is the average settlement for cerebral palsy?
There is no real “average” settlement amount for cerebral palsy lawsuits. As mentioned, each case is different, and will involve different facts and circumstances. When reviewing cerebral palsy settlement amounts, courts will typically analyze factors like:
- The severity of the CP condition and accompanying symptoms
- The age and projected life span of the brain injury victim
- The degree of negligence of the liable party
- Past, current, and future expenses associated with the condition
A skilled attorney will be able to build a case and present evidence in a way that yields the highest settlement amount for the victim.
Can you sue a doctor for cerebral palsy?
Yes. Doctors can commit the type of medical malpractice that causes cerebral palsy. These can include making surgery errors, errors in treatment, pharmaceutical errors, or other types of negligence.
They can also commit other forms of negligence, such as a misdiagnosis or failed diagnosis, which can contribute to and cause cerebral palsy. Failing to follow proper health and safety procedures in treating pregnant patients can also lead to a malpractice claim.
Can you sue a hospital for cerebral palsy?
Yes. Other professionals and employees at a hospital can be held liable if they disregard the duty of care they should be held to. These can include nurses, doctor’s assistants, administrative staff, and other personnel.
A cerebral palsy attorney will be able to trace the trail of causation to determine exactly which parties can be held liable for malpractice. In certain instances, an entire health care organization can be held liable, such as when their overall policies are in violation of health and safety standards.
How can a lawyer help me with a cerebral palsy settlement?
A lawyer can help by providing the guidance and preparation needed for a successful claim. Depending on the exact situation, different legal theories can be involved in cerebral palsy settlements. An attorney will be able to examine the facts and the laws to ensure that you receive the settlement award you are entitled to.
At The Smith Law Center, we understand the emotional and mental strain that CP brings into families. We are here to help lighten your load in any way we can.
If you or a loved one needs legal assistance, contact us at (757) 244-7000 today. Reaching out to us is the first step in obtaining the justice you and your family deserve.
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Summary: Our lawyers obtained an award for $2,200,000.00 for a child who sustained a brain injury during a hospital surgery.
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Summary: We helped a woman obtain an award of $1,175,00.00 for a mild traumatic brain injury she sustained in the hospital in connection with a surgery.
Client Testimonials
“I was very happy with The Smith Law Center. They are professional, attentive, and will truly fight for you. The entire office is very nice and communicates throughout the whole process. Mr. Gill is fantastic as well as the paralegals and the other administration team.”
-E. Lovett
“The attorneys and staff are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.”
-A. Hook
VERDICTS AND SETTLEMENTS
Brain Injury Case
Awarded: $2,200,000.00
Summary: Our lawyers obtained an award for $2,200,000.00 for a child who sustained a brain injury during a hospital surgery.
Mild Traumatic Brain Injury Case
Awarded: $1,175,00.00
Summary: We helped a woman obtain an award of $1,175,00.00 for a mild traumatic brain injury she sustained in the hospital in connection with a surgery.
Client Testimonials
“I was very happy with The Smith Law Center. They are professional, attentive, and will truly fight for you. The entire office is very nice and communicates throughout the whole process. Mr. Gill is fantastic as well as the paralegals and the other administration team.”
-E. Lovett
“The attorneys and staff are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.”
-A. Hook
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IF WE DON’T WIN, YOU DON’T PAY
There are absolutely no out-of-pocket fees for filing a claim.
If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.
Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.
Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.
Mold in Military Housing
Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.
Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.
Monetary Awards in Military Housing Toxic Mold Cases
If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.
You may receive financial compensation for:
- Property damage
- Out-of-pocket expenses
- Medical bills
- Pain and suffering
Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.
Military Housing Mold Toxicity Symptoms
The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:
- Upper respiratory tract symptoms;
- Coughing;
- Wheezing;
- Asthma symptoms in individuals with asthma; and
- Hypersensitivity pneumonitis in individuals with weak immune systems.
There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.
Understanding Exposure to Toxic Mold in Military Housing
The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.
Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.
Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.
People may be more likely to experience mold toxicity symptoms if they have:
- Allergies,
- An underlying lung disease,
- Immune suppression,
- Chronic obstructive pulmonary disorder,
- Asthma, or
- Another chronic respiratory disease.
Common Types of Military Housing Mold
When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.
If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.
Who is Liable for Military Housing Mold?
Since 1996, most military housing has come under the management of private companies:
- Belfour Beatty Communities: Fort Eustis and Fort Story/li>
- Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
- Hunt Military Communities: Fort Lee and Langley AFB
Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.
Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.
If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.
The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.
Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.
Other Hazards in Military Housing
Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:
Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.
Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.
Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.
Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.
Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.
What Happens When a Lot of People Get Sick?
Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.
Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.
Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.
Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away
Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.
Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.
Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.
You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.
Military Housing Mold Lawsuits: FAQs
DELIVERING RESULTS SINCE 1949
We are one of Virginia’s largest and most successful law firms.
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WE WANT TO HEAR FROM YOU
Use the simple form below to send a message directly to our lawyers. We will respond within 1 hour or less during business hours.