In most cases, Cerebral Palsy is a naturally occurring event with no obvious cause, however in some instances it can be the result of inadequate medical treatment, either before or after birth. In these particular cases you may be able to make a claim for Cerebral Palsy compensation.
Shine Lawyers have expert Cerebral Palsy lawyers in Queensland and Western Australia (WA), that can help you bring about a claim for compensation.
Cerebral Palsy Compensation
The cerebral palsy legal process in Queensland and WA
The cerebral palsy legal process in Queensland and WA can be quite complex and bringing about a claim for compensation requires expert knowledge of the law. The below video provides a simple, step-by-step guide to the legal process for bringing a claim for compensation:
How cerebral palsy compensation is calculated in Queensland and WA
Depending on the nature of your claim, a monetary value is placed on the gap between your predicted life path before the incident, and your actual life path since the incident. The amount of care and support needed is a factor in determining how much compensation is awarded.
This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibited us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on cerebral palsy law.
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Common questions about Cerebral Palsy Lawyers in Queensland & WA
Cerebral Palsy results from damage to part of the brain before, during, or after birth.
In most cases it can be a naturally occurring event, however sometimes damage may occur:
- In the early months of pregnancy
- Due to the baby not growing at the correct rate during the pregnancy
- At any time if there is a lack of oxygen supplied to the baby
- In the period shortly after birth, if the baby develops a severe infection such as meningitis or encephalitis.
Shine Lawyers have expert medical negligence and medical malpractice lawyers that can help you when it comes to finding out if you have a claim for compensation.
Not every case of Cerebral Palsy is the result of medical error on behalf of a medical professional or facility. In most cases it is found to be a naturally occurring event. Careful analysis of the facts of your situation is needed in order to determine if you have a claim for compensation under Queensland and WA law.
Shine Lawyers have expert lawyers in Queensland and WA who can help you establish if you have a claim for compensation. Lawyers generally need take statements from the parents regarding the treatment and care during the pregnancy, labour and post care.
Lawyers will look at medical records that include those of the baby and its mother, along with seeking advice from medical specialists. It’s important for the lawyers to determine the most likely cause of the Cerebral Palsy and this takes some investigation.
It’s hard to give a ballpark figure without knowing the facts of your particular situation. Every Cerebral Palsy case is different.
After a lawyer knows more about your situation they should be able to give you a good idea as to how much you can expect to receive under Queensland and WA law.
Every Cerebral Palsy compensation claim is different, so its hard to give an indication of how long the claim might take without knowing your individual situation. Under Queensland and WA law, Cerebral Palsy claims can take many months to resolve.
A lawyer should be able to give you a better indication as to timeframes once they know more about your situation.
Under Queensland and WA law, there are strict time limits as to when you are able to bring about a claim. Typically, this time limit is three years from the date of the negligent incident. There are a lot of exceptions to this however, which is why its important to seek expert legal advice as soon as possible after the incident.
Shine Lawyers operate on a No Win No Fee basis, which means you only pay for our legal fees if we win your claim at the end.
The first consultation you have with us is obligation free, which means you can get an idea of your legal rights and ability to claim compensation up front.
Shine Lawyers are expert cerebral palsy lawyers that can help you get the compensation you need under Queensland and WA law.
The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in Queensland:
Our compensation experts are in the following locations:
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast