Virginia Cerebral Palsy Lawsuit Filing Process

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If medical mistakes caused your child’s cerebral palsy, you have the legal right to sue. The Virginia cerebral palsy lawsuit filing process can be confusing. By learning the basic steps and relying on an experienced Virginia cerebral palsy lawyer, you have a better chance of getting justice for your child.

Types of Cerebral Palsy Lawsuits You Can File in Virginia

In Virginia, some laws guide the process of filing and the types of lawsuits you can start on behalf of your child with cerebral palsy:

• Medical malpractice. Medical professionals must provide care up to a certain standard, as defined by the industry. It is negligence if they fail to meet that standard and a patient is harmed. If you know of or suspect neglect in causing your child’s cerebral palsy diagnosis, you can file a lawsuit for medical malpractice. Doing so holds responsible individuals accountable for their mistakes and helps you recover damages to cover your child’s care and treatment costs.

• Discrimination. Both U.S. and Virginia laws prohibit discrimination based on disability.[1] You may experience discrimination in your child’s school, public places, or securing housing for your family. In any of these instances, you can file a complaint with the government or a lawsuit to resolve the situation and get what your child needs. A lawsuit over discrimination may also provide monetary damages.

Hire a Virginia Cerebral Palsy Lawyer for the Filing Process

You may be wondering about your options, how to file, and what steps to take next, and this is where a lawyer can help you. Don’t try to present a cerebral palsy lawsuit alone or with a general lawyer. You need someone who specializes in these cases. Here’s why:

• The laws related to these situations vary by state, so you need an expert in Virginia law.
• Filing a cerebral palsy lawsuit can be complicated and require multiple steps. Without expert knowledge, it’s easy to make a mistake.
• If you make a mistake filing, you can jeopardize your chances of recovering damages for your child.
• A lawyer with relevant experience has worked with clients like you and your child and understands your unique needs.
• An experienced lawyer can get you more compensation if the lawsuit is successful.

Filing a Medical Malpractice Cerebral Palsy Lawsuit in Virginia

State laws govern the medical malpractice lawsuit filing process. For the best possible outcome, make sure you rely on your lawyer and understand the laws.

The Statute of Limitations

The time limit for filing a medical malpractice lawsuit in Virginia is two years after a negligent incident. A discovery rule only applies in some instances and allows for filing up to a year after the discovery of the incident.

Even with the discovery rule, there is a hard limit on filing more than ten years after the negligence occurred. There may be exceptions provided for minors.[2]

Damages

Virginia law puts a cap on total damages recoverable in malpractice cases. It was initially set at $750,000 in 1976 but has increased every year. By 2030, it will be $2.95 million.[3]

Complaint and Certificate of Merit

When your lawyer files the complaint, the official document to begin the lawsuit must include a certificate of merit according to state laws.[4]

The certificate has to be signed by a qualified medical expert who reviewed your case and determined that it is not frivolous and that negligence likely occurred and harmed your child.

The certificate of merit and the complaint, which details the allegations and notifies the defendants, will start the investigation into the case.

Review Panel

At this point, either side can request a hearing with a review panel, typically consisting of two lawyers, two medical professionals, and a judge.

The panel’s decision is not binding, but if your case is strong, your lawyer may want to do this so that you can call on a member of the panel to testify on your behalf in a trial.

Settlement Negotiation

Your lawyer will try to negotiate a settlement on your behalf if possible. The defendants must agree to negotiate, but they generally do if your case against them is strong. You have the final decision on accepting or rejecting an offer.

Trial

If a settlement cannot be agreed upon, a trial is next. Your lawyer and the lawyers for the defendants will present evidence and call witnesses to prove or disprove the negligence allegations. If the jury decides in your favor, you’ll learn what damages you are entitled to.

Filing a Discrimination Complaint or Lawsuit in Virginia

The Virginia Division of Human Rights takes complaints of discrimination, which your lawyer can help you file.[5] The process that follows consists of several steps:

• Intake and notification of those you are accusing
• Mediation is an attempt to resolve the situation
• A neutral investigation of the incident if mediation fails
• A determination based on the investigation
• A public hearing if the determination is a probable cause of discrimination and conciliation efforts fail

Judgments of no probable cause can be appealed, but you can also file a lawsuit for civil action. This can help you get a better resolution for your child and even recover damages.

Consider filing a cerebral palsy lawsuit if you have a child with this condition. The filing process in Virginia can be intimidating, long, and complicated, but the rewards are potentially significant.

Let the right lawyer help you through all the steps and give you the best chance of a good outcome.