Parents of children who have acquired a brain injury or cerebral palsy often find it difficult—even inappropriate—to think about legal matters during the tumultuous time following their child’s injury. Many parents just want to concentrate on doing as much as possible to ensure that their child gets well, and consider time and effort spent on anything else a distraction to the task at hand. However, there are many legal issues that parents of children with special needs face.

Issues that include:

• Patient rights
• Insurance
• Government benefits
• Estate planning
• Education

When all is said and done, parents who have a professional on their side—someone who knows the ins and outs of the system—have a much greater chance of ensuring that their children receive the therapies and benefits that they need. And that means that hiring a lawyer is often an integral part of your child’s wellness plan. The sooner a parent seeks advice, the sooner the support and services that are so necessary to your child’s future health and happiness are accessed.

An attorney can also tell you if your child’s injury is the fault of another. This determination is extremely important, as it can open up additional avenues of funding for your child’s therapies and benefits.

Many people worry about the costs associated with hiring an attorney, especially during a time when they are most likely overwhelmed by medical costs. When it comes to personal injury claims, lawyers uses something called a “contingent fee agreement.” In layman’s terms, this means that the lawyer is paid a percentage of the funds only if the case is won. If the case is not won, the lawyer isn’t paid. In other words, no money comes directly out of your pocket.

When it comes to issues surrounding guardianship, insurance and benefits, and estate planning, most lawyers charge an hourly fee. However, parents who work with an attorney are much more likely to receive the short- and long-term benefits available to their child—and this means saving lots of money in the long run.

Choosing a lawyer is a big decision, and it takes time and research. It’s particularly important that the lawyer you choose has lots of experience dealing with legal issues associated specifically with children who have cerebral palsy or brain injury. For a list of attorneys who specialize in this kind of work, get referrals from your state bar association, support groups, national or regional CP or TBI organizations, parents of other kids with special needs, doctors and specialist’s on your child’s medical team, and other attorneys. For guidance choosing the right lawyer, see our lawyer checklist.

Print out and use our handy lawyer checklist to make sure that you do your homework when choosing a lawyer.