Posted: July 28, 2016
After years of work in birth injury, the founder of this site realized there were far too few resources available to children with Cerebral Palsy that did not qualify for legal assistance. There are a wide variety of causes of CP, but there’s also an extensive variety of life events that can warrant a Cerebral Palsy lawyer. All of our assistance is free, but the value of a legal professional to help your child’s situation is important and why we delve into this topic.
Throughout your child’s life, there are a variety of situations that may warrant legal intervention. While there are a number of stigmas that surround lawyers and attorneys, they can also play an important part of your child’s life. Lawyers that focus on specific fields of law, including a condition like Cerebral Palsy, often spend years learning more about their particular field of law. This goes beyond birth injuries, though; a Cerebral Palsy lawyer can include financial, medical and civil rights-focused individuals that can provide critical assistance in improving your child’s life and resolving wrongs.
Cerebral Palsy Lawyers: How They Can Help
Denial or decrease of governmental benefits (including SSI). The process of applying for and receiving governmental assistance, whether on the local, state or federal level, can be a torturous one for a parent of a child with special needs. Qualifying for Supplemental Security Income benefits, or SSI, to cover costs associated with a child’s Cerebral Palsy can be difficult. A family’s income often comes into focus while, often unfairly, certain earning limits can mischaracterize how much of a child’s treatment a family can afford. What’s more, even after SSI qualification occurs, parents can face an annual fluctuation of the funds available. This inconsistency not only creates emotional stress, but very real financial stress that throws a family’s finances into chaos.
Fortunately there are attorneys who can assist with guiding families and appealing SSI decisions, as well as other decisions made by more local entities.
Failure of educators to follow educational standards, including an IEP. Each child has a Constitutional right to an effective education. The sad reality is that there are too many schools that find themselves incapable of providing effective education that matches a child’s needs, or are unwilling to conform to the law’s expectations. In some instances, schools have abused funding surrounding special education to make up for other gaps, leaving the children who need the most help without the solutions they deserve.
Discrimination/Civil rights. This may come in the form of employment, housing, schooling or any number of circumstances surrounding public and private services. Unfortunately, the world has not yet fully supported the idea of providing all people equal access to public services, as well as a fair shot at being treated like anyone else.
Improper medical care. One non-genetic cause of Cerebral Palsy can be an error on the part of medical staff during pregnancy, delivery or post-birth care. For the sake of this discussion, we will not go into the nuances of a birth injury (you can find out more here), and instead focus on the years after and ongoing medical needs. Children with Cerebral Palsy can have widely varying symptoms and conditions associated with their diagnosis. Some children may be extremely dependent upon assistance from nurses and doctors; those adults and seniors with extensive CP symptoms may need nursing home or round-the-clock home care. Unfortunately there are instances where this care is inadequate. Further, there may also be times where a person with Cerebral Palsy, at any age, may be prescribed medications or treatments that are harmful. With any of these situations, a lawyer may be needed to recover the finances needed to undo damage, both emotional and physical.
Establishing a trust, conservatorship or distributing your family estate. An attorney well-versed with tax law and creating long-term trusts can be a critical partner in your child’s life now and for decades to come. While you may be your child’s primary caregiver now, there will come a time where you are unable to help as much as you wish you could. What’s more, should tragedy strike, your child’s special needs deserve specific attention. Which family member will help? How will your money be set aside for your child’s care? Is there a plan?
A Cerebral Palsy lawyer will either be able to help you navigate these questions or connect you with an effective attorney that can help with the complexities associated with this process. It is critical that parents do not limit themselves, or their child, by failing to explore their options. While our organization was founded by a Cerebral Palsy lawyer, our ultimate focus is ensuring parents are aware and active in getting the help their child deserves.
Do you have questions about any of these stages or challenges that can require a Cerebral Palsy lawyer to assist your family with the complexities? We recommend speaking with the Bar Association of your state, accessing our legal website, The CP Lawyer, or simply calling us at (800) 692-4453 so that we might find out your best options and what next steps you should consider.
