New Hampshire Cerebral Palsy Lawsuit Filing Process

Fact Checked

The New Hampshire cerebral palsy lawsuit filing process involves several steps. A lawsuit helps you seek justice for your disabled child and recover damages for their care. With an experienced lawyer as your legal advocate, you can get through the process with the best chance of success.

What Kind of Lawsuit Can I File in New Hampshire for Cerebral Palsy?

The most immediate reason to file a lawsuit on your child’s behalf is likely to be for medical malpractice. Later, as your child is older and going to school, discrimination may be a problem that requires you to take legal action.

Medical Malpractice Lawsuits

Medical malpractice is defined as harm caused to a patient because of the failure of a medical professional to provide an adequate standard of care.

The established medical community has standards of care expected for various specialties and situations. If a doctor is responsible for your care, or your child’s, a breach of that standard can result in significant harm.

Medical negligence can lead to a child’s birth injuries and cerebral palsy, and parents can sue for damages. 

Discrimination Complaints

According to New Hampshire law, it is illegal to discriminate based on disability in housing, employment, and public accommodations.[1] Federal law is similar but also includes protections for people with disabilities in education.[2]

If your child has experienced discrimination, you can file with the state agency responsible for enforcing human rights laws or the appropriate federal agency. The goal is to resolve the situation and get your child the services or accommodations needed.

Do I Need a New Hampshire Lawyer to File Cerebral Palsy Lawsuits?

Yes, you do need a lawyer, and not just anyone, but a New Hampshire cerebral palsy lawyer with a deep understanding of the state laws related to your case. There are several reasons you need a lawyer by your side:

• The lawsuit filing process is complicated, with a lot of room for mistakes. You may make errors that jeopardize your chances of winning justice and compensation without the right lawyer.
• A cerebral palsy lawyer understands the laws and the process and can explain everything to you and help you make better decisions.
• The right lawyer will have access to qualified medical experts for testimony in your case.
• Your lawyer will know which state or federal agency applies in a case of discrimination.
• A lawyer gives you a better chance of a good outcome for your child.

Rather than settling for any lawyer or someone with a general practice, hire only a lawyer with relevant experience specializing in cerebral palsy, disabilities, and medical malpractice. You need that expertise to file correctly.

Filing a Medical Malpractice Cerebral Palsy Lawsuit in New Hampshire

To file a medical malpractice lawsuit in New Hampshire, you must follow concrete steps and procedures based on the state laws:

• File within the statute of limitations. You must be within the New Hampshire statute of limitations, a time limit for filing. State law gives you three years from when the negligent action occurred or three years from when you were reasonably able to discover it happened and contributed to your child’s condition. It was previously two years, but the limit was declared unconstitutional. Medical malpractice cases now follow the statute of limitations for any personal injury.[3]

• Discuss damages with your lawyer. Also, before filing, you’ll want to discuss what you can expect to recover in damages. Give your lawyer all the information needed to estimate what the defendants owe you: medical records and bills, estimations of future expenses, and any related fees, like transportation. New Hampshire does not limit how much you can recover in these cases. A previous cap was ruled unconstitutional.[4]

• File the lawsuit. New Hampshire used to require that plaintiffs go before a medical review panel before proceeding with a medical malpractice lawsuit. The law requiring this step was repealed in 2023.[5]

• Negotiate a settlement. If the screening panel leaves the situation unresolved or both sides waive it, you may try to settle with the defendants. Your lawyer will negotiate with the defendant’s lawyers to get you a fair amount of compensation.

• Go in front of a jury. If negotiations fail, your lawsuit may go to trial. Both sides argue their cases, present evidence, and call on witnesses before a jury. A jury will make the final decision.

Filing a Disability Discrimination Complaint in New Hampshire

New Hampshire state law does not allow for private legal action in discrimination cases. However, you can file a complaint with the appropriate government agency.

You will file with the New Hampshire Commission for Human Rights for instances of discrimination in housing or public accommodation for your child.

The filing process begins with a complaint, or charge, sent to the respondent, the person you are alleging committed discrimination.

An investigator then neutrally investigates your allegation. Both sides can agree to let the Commission help them mediate and resolve the situation.

If there is no resolution, the Commission will rule that there is either probable or no probable cause for discrimination.

With probable cause, your case goes to a public hearing for a resolution. If you are not happy with the result, you can appeal.

Your child may have been discriminated against in school or may not receive services guaranteed by law. Your lawyer can help you file a complaint through the appropriate federal agency to resolve the situation.

Filing medical malpractice or discrimination lawsuits is important for getting justice for your child. There are many steps to take and difficult decisions to make. Hiring the right lawyer makes the filing process more comfortable, quicker, and more successful.