Is there a limit on the money my child can receive for his cerebral palsy case?
The amount a child with cerebral palsy can potentially receive from a birth injury lawsuit is dependent upon the applicable laws of the jurisdiction and the type of disability that the child has.
Calculating future care needs
A significant component of most jury verdicts in cerebral palsy cases consists of past and future medical expenses and similar care needs. In order help affix a value for these care-related needs of a child with CP, a life-care plan may be created by a medical professional to evaluate the needs of the child as they develop though the course of their lives. Working with economists, the care plan can be translated into a dollar figure using a series of calculations to determine the present cash value— or more accurately, the amount of money needed to provide for the needs of the individual over the course of their lives.
In addition to ‘economic damages’, many cerebral palsy cases involve a component of ‘non-economic damages’ non-tangible injuries like ‘pain and suffering’, ‘disability’ or ‘disfigurement’.
Determining applicable law
As with all medical malpractice cases, the laws of the particular jurisdiction need to be carefully considered to effectively maximize the injured person’s rights under the law.