Henderson Cerebral Palsy Attorney
Fighting For Cerebral Palsy Victims in Nevada
Cerebral Palsy is a complex neurological disorder affecting movement and muscle tone, often resulting from issues during birth or pregnancy complications. In Henderson, it’s essential for families dealing with cerebral palsy to understand their legal rights and potential avenues for compensation. Henderson has several resources, including therapy centers and specialists, dedicated to assisting those impacted by cerebral palsy. However, navigating the financial and emotional burden requires informed legal guidance to ensure adequate support.
Additionally, families in Henderson often face challenges in accessing specialized education and care for children with cerebral palsy. Local educational institutions may offer special programs, but parents must be well-versed in advocating for their child's needs within these systems. Understanding the legal framework around educational rights and services for disabled children can significantly enhance the quality of life for those affected.
Call Burris & Thomas, LLC today at (702) 529-3101 or contact us online to schedule a consultation with our cerebral palsy lawyer in Henderson.
What is Cerebral Palsy?
Cerebral palsy is regarded as a neurological disorder that is caused by brain damage that affects motor skills, muscle tone, and coordination. This condition is often a result of complications during birth or early infancy, and it may display in a variety of ways, from mild muscle stiffness to severe mobility challenges. The brain damage that results in cerebral palsy happens during the early stages of brain development, typically before, during, or shortly after birth.
Symptoms of Cerebral Palsy
Common symptoms include:
- Motor Skill Impairments: Children with CP may have difficulty controlling their movements. They may have stiff muscles (spasticity), uncontrollable jerking movements (dyskinesia), or difficulty maintaining balance and posture (ataxia).
- Speech and Language Delays: Many children with cerebral palsy experience delays in speech development and may have difficulty articulating words or forming sentences.
- Difficulty Eating and Swallowing: Some individuals with CP experience feeding difficulties, which include trouble swallowing or sucking.
- Seizures: A substantial percentage of children with cerebral palsy also suffer from seizures, which can further impair development and quality of life.
- Cognitive and Behavioral Challenges: While not all individuals with cerebral palsy have cognitive impairments, some may experience intellectual disabilities or behavioral challenges.
What is the Statute of Limitations for Cerebral Palsy Claims in Nevada?
In the state of Nevada, the statute of limitations for filing a medical malpractice claim that is related to cerebral palsy is usually three years from the date the injury occurred. However, there are nuances in how the statute of limitations applies, mainly when the injury is not immediately apparent.
- Discovery Rule: In some instances, the exact cause of cerebral palsy may not be apparent until later in a child’s life. Under Nevada’s discovery rule, the statute of limitations could not begin until the injury is discovered or should have reasonably been discovered. This is particularly relevant for cerebral palsy cases where the symptoms may not be immediately apparent or where the cause of the injury is initially unknown.
- Minor Children: If cerebral palsy is diagnosed in a child under the age of 18, the statute of limitations may be extended. In many cases, the time limit to file a claim is tolled (paused) until the child reaches the age of 18, giving parents or guardians until the child turns 21 to initiate a legal claim.
Frequently Asked Questions About Cerebral Palsy
What Are Common Causes of Cerebral Palsy?
Cerebral palsy often arises from birth complications such as oxygen deprivation, premature birth, or maternal infections. Assessing the perinatal period for any medical oversights that might have led to neurological damage is imperative. By identifying these causes, legal pathways may be explored to address possible negligence. Early intervention and understanding are crucial in managing cerebral palsy symptoms effectively.
Can I Pursue Legal Action for Cerebral Palsy?
Legal action is viable if there’s evidence of medical malpractice or negligence contributing to cerebral palsy. In Henderson, consulting a cerebral palsy attorney will clarify legal recourse options. They will thoroughly review medical documentation to ascertain liability, fostering informed decision-making for pursuing compensation. Timely legal consultation is beneficial in these sensitive scenarios.
How Can Burris & Thomas, LLC Assist with a Cerebral Palsy Case?
Burris & Thomas, LLC brings unparalleled experience in tackling cerebral palsy legal matters. The firm conducts comprehensive investigations, collaborates with medical experts, and advocates for fair compensation. We aim to draft a customized strategy that addresses individual client needs and holds any parties involved in malpractice accountable. This approach ensures clients receive the support they deserve in pursuing justice.
What Compensation Might Be Available?
Compensation for cerebral palsy cases can cover medical expenses, rehabilitation costs, adaptive equipment, and lost earning potential. Given their substantial impact, these claims necessitate detailed evaluation and specialized legal representation to ensure sufficient financial recovery. This process involves calculating the full spectrum of current and future needs, allowing clients greater peace of mind and financial stability.
Why Choose Burris & Thomas, LLC?
With over 45 years of personal injury experience, Burris & Thomas, LLC is a trusted pillar in the Henderson community. Led by the renowned Attorney Steven M. Burris, the firm offers tailored legal support that stands on a legacy of success and client satisfaction. Choosing Burris & Thomas, LLC means opting for a legal team recognized for substantial verdicts and exemplary courtroom prowess. Clients benefit from personalized attention and a strategic approach that protects their rights.
Contact Our Cerebral Palsy Lawyer in Henderson Today
If you or a loved one is facing the challenges of cerebral palsy, don’t navigate these hurdles alone. Burris & Thomas, LLC stands ready to offer compassionate, informed, and effective legal representation. Let us be your ally in securing the financial support and justice your family deserves. Our commitment is to see that every avenue is pursued in your favor.
Contact us today to schedule your free consultation today by calling (702) 529-3101 to get started with our Henderson cerebral palsy attorney.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
