Our Frequently Asked Questions Section Gives You the Information You Need to Know About

Have questions about your legal matter and are afraid to ask? If so, head on over to our FAQ section in which we tackle a variety of important topics that matter to you. Find answers to questions regarding car accidents, medical malpractice, unpaid overtime, and a variety of other legal subjects that may be affecting you. 
  • Page 9
  • How can I calculate how much overtime pay I’m missing on my checks?

    You’ve worked as a paralegal for about six months. An average day consists of a hectic nine hours at the firm, and then an additional two hours’ worth of answering emails at home. Now, you love the fast paced atmosphere and the fact that you’re constantly learning new things, but since you’re working at least 10 hours a day, five times a week—shouldn’t you be paid overtime (OT)?

    You’ve discussed the matter with your co-workers and they agree that you should be getting OT. They informed you that since you’re paid hourly and aren’t subject to OT exemption, you indeed should be getting overtime pay for overtime worked. In light of this information, you decide to take the matter up with your boss. However, before taking him copies of your paychecks, you want to make sure you’ve calculated the OT pay correctly.

    You have evidence of the times you worked as well as the dates, but how do you figure out the exact amount that you’re owed? 

    Determining OT Rates and Pay

    The United States Department of Labor (DOL), along with the Fair Labor Standards Act guarantees employees who work over 40 hours in a work week, proper overtime (OT) wages. Although some exceptions apply—employee exemptions and broken work weeks—if your regular work week consists of five, eight-hour days, and at any point during that week you work over your eight hours without leaving early any other day, the extra time worked should be paid at an OT rate.

    Determining your OT rate can be confusing since it isn’t the same for everyone. The DOL regulates that OT should be calculated as one and half times your normal pay. However, determining your normal pay can get tricky depending on bonuses, shift premiums, and your regular hourly rate.

    Regular Hourly Rate (RHR)

    If you’re paid a specific hourly rate and nothing more, calculating your OT is relatively simple. All you have to do is first take your regular hourly rate and then multiply that by 1.5 to give you your OT rate. You then subtract 40 from the number of hours that you worked in one week; this will give you your OT hours. Finally, you multiply your OT hours with your OT rate in order to give you your total OT pay for that week.

    Note: you must calculate on a week by week basis, especially if your work week hours vary.

    For example: If your hourly wage is $10.00, and you work 48 hours in one week, your OT pay will be $120.00

                $10.00 (1.5) = $15.00

                48 hours - 40 hours = 8 hours

                8 hours ($15.00) = $120.00

    Therefore, you’re entire check should be $520.00. Which includes your normal pay of $400.00 plus OT of $120.00.

    RHR + Shift Premium

    If you receive production bonuses or shift premiums, you must factor them into your RHR before calculating your OT. For example, if your hourly rate is $10.00 but you receive a shift premium of $1.50, your RHR is actually $11.50. Once you have your actual RHR you can then follow the normal OT formula of RHR which is 1.5 x OT Hours.

    RHR + Bonus

    If you receive a production bonus, then you must divide that bonus by hours worked in order to get your RHR. For example, if your RHR is $10.00, you work 48 hours that week and receive a $15.00 production bonus, your actual RHR is:

                $10.00 (48 hours) + 15.00 = $495.00 total wages

                $495.00 / 40 (normal hours) = Actual RHR of $12.38

    You then use your new RHR in your OT formula to determine your OT pay.

    Getting the Wages You Have Earned

    Once you’ve calculated your rightful overtime pay, you should double check it with your pay stubs. If your checks don’t accurately reflect your calculations, speak to your boss immediately. If he refuses to check up on it, or denies you the overtime pay you deserve, call us for a free consultation. We know the ins and outs of overtime law and we’ll not only make sure your calculations are correct, but we may be able to help you receive the pay your employer doesn’t want you to have. Don’t allow your hard work and time to go unrewarded, call us to make sure you get paid all of what you deserve.

    Did you find this article interesting and helpful? Let us know by liking us on Facebook, or help your coworkers calculate their wages by sharing this page on your social media.

     

  • Does Misclassification as a Houston IT Professional Really Affect My Paycheck?

    I recently discovered that my employer has incorrectly deemed me exempt from the Fair Labor Standards Act as a Houston computer programmer. In this tough economy, I am afraid that if I breach the subject with my boss, I will be fired, since I have only been here for six months. I only work an average of five hours of overtime each week, and am paid $25 per hour. Does the misclassification really affect my paycheck that much? 

    Answer: First of all, the Houston fair wage attorneys in our office applaud you for discovering that you have been wrongly considered exempt in your position. The fact that you make $25 per hour should be a warning sign that you are not eligible for exemption, since exempted workers must make at least $27.63 per hour or $455 per week. 

    Secondly, you have every right to bring up the error on your employer’s part without having to fear that you will lose your job. Asking your boss to comply with the Fair Labor Standards Act and the U.S. Department of Labor is never grounds for firing and could be considered wrongful termination. 

    As for the misclassification affecting your Houston paycheck, you would be surprised to learn just how much money you are missing out on. In your case, for example, had it not been for your misclassification, you should have been earning time and a half your normal hourly rate for your hours worked over forty. That means that you have been missing out on an extra $12.50 per hour for five hours each week, or $62.50. Since there are 24 weeks in a 6-month period, that is a whopping $1,500 missing for over half a year’s work!

    If this sounds like a problem you are facing, too, call Houston overtime attorney, Kennedy Hodges today at 888.449.2068. We will gladly answer any questions that you have – for free – during a completely confidential consultation.

  • How should I keep track of my work hours to prove my overtime?

    You’ve been working for the same oil rig for over a year, and you have yet to receive an accurate paycheck. Every time you speak to your boss, he claims that he’s looking into it. You’ve spoken to payroll about a dozen times and although they’re happy to apologize, the issue is still ongoing.

    On average, you work about 60 hours a week—sometimes more, sometimes less. However, your paychecks consistently reflect OT of only eight, nine, or ten hours over the course of a two week pay period. Your incessant complaining will sometimes get you a check from payroll for an additional 10 hours’ worth of overtime pay since payroll can only confirm 10 of the 30+ hours you actually worked over. However, these amendment checks are rare and still not enough.

    You wholeheartedly believe that instead of trying to make up for the missing OT, your employer is basically hoping to pacify you with small amounts so he can continue to work you without properly paying you.

    All in all, over the course of the year, you can safely say that you’ve been tricked, misrepresented, and oppressed out of over 200 hours’ worth of overtime pay. So what can you do? When your employer tells you that there isn’t a record of your overtime, how can you dispute the pay? How can you prove that you’ve worked the hours that you know you’ve worked?

    Documentation, Proof, and a Helping Hand

    According to the Wage and Hour Division of the U.S. Department of Labor, the Fair Labor Standards Act guarantees that oil and gas employers pay overtime for all hours worked over the 40 hour work week. Therefore, if you work 40.5 hours one week, your employer is required to pay you a half hours’ worth of overtime at time and one-half.

    Unfortunately, many employers will attempt to avoid having to pay this higher rate through trickery and deceit. Some popular ploys include miscalculating hours worked, misclassifying your work title so you’re exempt from OT wages, and a host of other juvenile tactics. This is why it is extremely important to not only discuss overtime pay with your employer before signing a contract—as well as carefully reading the contract to avoid misrepresentation—but to also keep accurate records of your schedule and personal overtime. This way, when your boss or payroll personnel claims that they lost your paperwork, or can’t verify your overtime hours, you’ll have documentation to present that shows differently.

    Some helpful tips on how to keep track and document your time are as follows:

    • Make a spreadsheet. Don’t rely on your employer’s records. If you use a punch card or computer log in, document the time yourself, copy the timecard, or take a photograph of the time with your phone. Keep track of your start time, breaks, lunches, and ending times.
    • Instigate a witnessed roll call. Some supervisors are willing to set up a system in which they will keep hardcopy documentation of your work hours. Implement a roll call to document break times, lunches, etc. If your supervisor refuses, take breaks and lunches with a trusted colleague in order to act as witnesses.
    • Document everything. If for any reason you must punch out, but you’re still performing tasks associated with your job, make sure you keep track of the time.
    • Keep track of your missed lunches and breaks. You’re entitled to breaks and lunches—unfortunately, you may not always be able to take a break. If you work through your designated rest periods, make sure that time is accurately accounted for on your timesheet.
    • File your pay stubs. Some wage discrepancies can take a long time to figure out and some sneaky employers will intentionally drag it out, hoping you no longer have the stub to prove the discrepancy. Make sure you keep your pay stubs for at least six months to a year after receiving them. This will not only help with payroll issues, but will also aid you with your taxes.
    • Always double check your hours and pay. Although you should be able to trust that you’re properly getting paid, human error, computer errors, and miscommunications occur all the time. Don’t allow someone else’s mistake or glitch to affect your pay. Check, double check, and even triple check to make sure you’re checks, wages, and overtime is properly represented.
    • Inform your employer when you’re about to reach overtime. Sometimes employers are oblivious to how long their employees are working. Make sure your supervisor is aware that you’re approaching overtime, in case he wants to send you home. Otherwise, you may wind up working for free.
    • Acquire legal representation. If your OT grievances are consistently being ignored, or you are continuously being underpaid for OT hours, contact an experienced overtime lawyer today. Proper representation can get you the justice and back pay you deserve.

    Your Money, Our Fight

    We know how employers like to avoid paying their employees. We also know how to legally convince them to pay the wages that have rightfully been earned. They’ll try to use loopholes, misinterpretations, and gray areas to their advantage. However, our experience has taught us to fight fire with fire.

     

  • When does a call center have to pay employees for breaks?

    If you aren’t sure if you should be paid for your breaks, it’s worth speaking with an employment attorney who can carefully review your position and job duties and give you personalized answers. The specific details of your situation can have a big effect on how you should be paid, and there are a number of ways breaks may be handled.

    Call Center Employees May Be Entitled to Both Paid and Unpaid Breaks

    In general, call center employees who work an eight-hour shift are entitled to two short paid breaks, and a longer unpaid meal break. However, some employers illegally deduct pay even during short breaks, and some employers automatically deduct both meal and rest breaks, regardless of whether or not the employee was able to wrap up his calls and actually take a break.

    Being “Off the Clock” Doesn’t Always Mean That You’re Really on Break

    Unfortunately, even employees who seem to be getting their breaks are sometimes cheated out of their rights. A break should be a chance for the employee to rest and get away from work duties. Instead, some employers count any off-the-phone time as a break, and employees are left performing work duties when they should be getting a chance to eat, stretch their legs, and run to the restroom.

    You should be paid for all the time you work, including the time that you spend working through scheduled breaks. If you are a call center worker and have questions about your employee rights, an experienced overtime attorney with Kennedy Hodges has the answers you need. Reach out to us today to schedule a free case review, or request your complimentary copy of our important book, 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim.

  • Who is most at risk for developing ovarian cancer from talcum powder use?

    For many years, women were told that using talcum powder was a safe and effective way to control moisture and provide a fresh-smelling scent. In fact, many feminine products use a talc-based powder. Now, however, overwhelming evidence suggests that Blue Talcum Powder Bottle Spilling Powder onto an Open Handusing the powder can actually cause cancer.

    In fact, in March of 2016, a St. Louis jury ordered the Johnson and Johnson company to pay $72 million in damages to the family of an Alabama woman, who the family claims died from ovarian cancer caused by the company’s talcum powder and its talcum powder-containing products. The company claims its products are safe, but the verdict and other evidence suggests the opposite.

    What Is Talcum Powder?

    Johnson and Johnson isn’t the only company to use talcum powder in its products; a variety of other companies use the substance to help control moisture, cut down on friction, and help with odor control. Made from the mineral talc, which contains silicon, magnesium, and oxygen—talcum powder is used in a wide variety of products from baby powder to cosmetics. Some talcum powders even contain asbestos, which is known to cause cancer around the lungs when inhaled.

    When Using Talcum Powder Becomes Dangerous

    The danger with using talcum powder seems to occur when the product is applied around the genital area, which is where many products that contain the substance are marketed towards. Parents often use baby powder that contains talc in their children’s diaper areas, and many women also use the product in that region, as well. Paul Pharoah, Professor of Cancer Epidemiology at Cambridge, stated that it was “biologically possible” that grains of talcum can enter a female’s fallopian tubes and cause inflammation in the ovaries—that could lead to cancer. Additionally, a study conducted by researchers from the Brigham and Women’s Hospital in Boston, found that applying the substance genitals, underwear, and sanitary napkins increased the risk of developing ovarian cancer by 33 percent.

    Why You Could Have Ovarian Cancer and Not Know it

    Unfortunately, ovarian cancer is typically not detected until it is in its late stages. Because early detection is not available at this time—pap smears do not test for the presence of this type of cancer—some women aren’t aware they have the cancer until it has spread to other parts of their bodies. In fact, only about 19 percent of ovarian cancer cases are diagnosed before the cancer has spread outside of the ovaries. Knowing the signs of ovarian cancer is extremely important, particularly if you have used talcum powder in the past.

    Symptoms of Ovarian Cancer

    The ovaries are tiny organs that are located deep inside the abdomen. Because of their placement, when a problem occurs, the symptoms are often confused with intestinal trouble or issues that are far less dangerous than ovarian cancer. Common symptoms of this dangerous disease include:

    • Trouble eating or feeling full quickly
    • Bloating
    • Pelvic or abdominal pain
    • Urinary urgency or frequency

    Symptoms that are also associated with ovarian cancer, but also associated with other conditions include:

    • Back pain
    • Menstruation changes
    • Upset stomach
    • Constipation
    • Pain during sex
    • Ongoing unusual fatigue
    • Unexplained weight loss or gain
    • Unexplained changes in bowel habits

    As you can see, ovarian cancer symptoms could be confused with a myriad of other conditions, including irritable bowel disease, menopause, endometriosis, and other far less dangerous issues.

    Do You Believe Talcum Powder Caused Your Ovarian Cancer?

    If you believe you have any of the signs or symptoms of ovarian cancer, visiting a doctor as soon as possible is imperative. If the doctor believes you do have cancer, now is the time to take action. Companies have a responsibility and obligation to provide safe products. When products are actually harmful, instead of helpful, you can fight back. The attorneys at Kennedy Hodges, LLP, want to help. Schedule your free consultation by calling 855-947-0707 to speak with a compassionate legal professional about your situation. You can also fill out our short contact form and a legal professional will contact you as soon as possible.

     

  • As a telemarketer, am I entitled to overtime compensation when I work more than 40 hours per week?

    Working in a call center as a telemarketer is not an easy job. Your position likely requires you to spend long hours on the phones, Telemarketers Working in a Call Centerlogging into computer systems, participating in trainings, completing calls that last longer than their scheduled hours, and completing paperwork. Often, these hours will end up adding up to more than 40 hours per week. Fortunately, many telemarketers are entitled to receive overtime compensation when this occurs.

    6 Tips Every Telemarketer Must Know About Overtime Compensation

    If you are a telemarketer, it is important that you arm yourself with knowledge about your legal rights relating to overtime compensation. The following are six important tips to keep in mind:

    1. The Fair Labor Standards Act dictates that many employees are entitled to overtime compensation when they work more than 40 hours per week.

    2. When overtime compensation applies, the pay rate is time-and-a-half, or 1.5 times the employee’s regular pay rate.

    3. Even if your overtime hours were not authorized by your employer or if it is against company policy, if you work more than 40 hours, you are entitled to overtime compensation.

    4. Some employers may calculate overtime compensation improperly if they take overtime worked during one week and apply it to another week.

    5. Some employers may simply pay the employee the regular rate of pay for hours worked beyond 40 in a given week instead of paying those hours at a rate of time-and-a-half.

    6. In particularly egregious violations of the Fair Labor Standards Act, some unethical employers may even alter their employees’ timesheets. It is critical for employees to pay close attention to these details in order to ensure that they receive the compensation they deserve.

    Fortunately for telemarketers and other employees who have not received the overtime compensation that they are entitled to may have a claim against their employer for unpaid wages. If you are successful, you may be able to recover two to three years’ worth of compensation. In most cases, your employer will resist having to make this payment. Fortunately, we are here to help. When you are ready to begin learning more about this process, we encourage you to check out our free guide, The 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claim.

     

  • I work in IT, and my employer claims I am not entitled to overtime compensation. Should I pursue legal action?

    In order to protect the rights of employees, the Fair Labor Standards Act requires that many employees receive overtime Fingers Resting on a Keyboardcompensation when they work more than 40 hours in a week. The employees who are not entitled to overtime compensation are those who fall under one of the exemptions outlined in the Act. One such exemption is known as the Computer Professional Exemption. This exemption applies to workers whose job is primarily spent working independently or as a supervisor of other employers, and who spend their time creatively designing programs, writing code, or addressing new computer problems.

    3 Questions to Consider With Regard to the Computer Professional Exemption as it Applies to Overtime Compensation

    Determining whether your job falls under the Computer Professional Exemption is not always obvious. Many factors apply in order to decide whether your job is exempt or not. The following questions, however, are a good starting point for making this determination:

    1. Was your pay at least $455 per week?
    2. What is your job title? Is the title computer systems analyst, computer programmer, software engineer, or something similar?
    3. What are your main duties? Do these duties relate to the application of systems analysis techniques and procedures, design, documentation, creation, testing, analysis, or alteration of computer systems and programs, or the design, documentation, creation, testing, analysis or modification to computer programs relating to operating systems?

    Depending on the answer to the above questions, you may be entitled to overtime compensation even though you work in the IT field. For example, if you conduct manual work on machines, you are not exempt from receiving overtime. Similarly, if your job requires you to use computers or computer software programs, but it is not directly related to the operation or programming or analysis of computer systems, you are still likely required to receive overtime compensation when you work more than 40 hours per week. In these cases, you may need to take legal action in order to obtain the compensation that you deserve. We encourage you to check out our free guide, The 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claim to learn more.

     

  • I am considering pursuing a claim against my employer for unpaid overtime, how does the process work?

    Blue Overtime Folder Sitting Next to a CalculatorWhen your employer has not paid you the overtime compensation that you deserve, you may need to pursue legal action to recover the funds that are rightfully yours. Unless you have been through the litigation process in the past, this is likely all new territory. It is important to have a general understanding of what to expect before proceeding.

    8 Aspects of the Overtime Legal Claim Process

    What should you anticipate happening as you begin the process of trying to recover the unpaid overtime compensation that you deserve? The following is a general guideline:

    1. The first step in the process is to find an attorney. It is important to choose someone who is experienced handling wage and overtime violation cases. He or she can help you decide the best way to proceed. In addition, your attorney will help ensure that you meet all of the deadlines associated with pursuing a claim.

    2. The lawsuit process officially begins when you file a complaint or petition. This makes you the plaintiff in the action, and your employer is the defendant. The defendant will then file an answer wherein they either agree or deny with the legal items raised in your petition or complaint.

    3. One of the next steps in the process is for the parties to meet and outline a schedule of deadlines within the litigation of the case. The court will also issue the deadlines that must be followed. Every case is different; however, a general idea is that cases are set for trial one year after the complaint or petition is filed.

    4. During the discovery process, the parties have the opportunity to ask questions and seek out information. This may be done through oral depositions, document production requests, or written questions known as interrogatories. Discovery takes place after the defendant has filed the answer.

    5. After the discovery process is over, the defendant has an opportunity to file a motion for summary judgment. If the motion is allowed, the case will not proceed to a jury trial. If the judge denies the motion, the case then moves on to the jury trial proceedings.

    6. After the motion for summary judgment is denied, the trial begins. A trial can last days or weeks. The first day of the trial involves choosing the jury members. Once the trial begins, the judge must decide which information is allowed to be used as evidence during the proceedings.

    7. If you win your case, the defendant may file an appeal. To do so, the defendant must write legal briefs to appellate judges. The court can reverse the jury finding or it can reduce the damages that were awarded to the plaintiff.

    8. In some cases, the parties may opt to go to mediation instead of going to trial. Mediation is a process that may allow for a settlement to be reached before litigation occurs. The mediator must listen to both sides, and then meets with each side individually. Each side has an opportunity to offer a settlement or to make a counteroffer. Ideally, an agreement is then reached.

    When you are ready to move forward with your overtime claim, we are here to help. We encourage you to check out our many case results to learn more.

     

  • My child suffers from Erb’s palsy after birth, should I pursue a claim for compensation?

    During the labor and delivery process, many things can go wrong that can ultimately lead to injury to the child. One such example is known as Erb’s palsy. This condition develops when the nerves in a baby’s upper arm are damaged as a result of a lesion located at Erb’s point. Erb’s point is the area near a baby’s neck where the fifth and sixth cranial nerves merge. In order to improve a baby’s chances for the best possible outcome, it is important to recognize the signs and symptoms. It is also important to protect your child’s legal rights and consider pursuing a claim for compensation.

    6 Reasons to Pursue Compensation After an Erb’s Palsy Birth Injury

    Why is it so important to pursue a claim for legal compensation after a diagnosis of Erb’s palsy? There are many such reasons, including the following:

    1. Your child has immediate medical and rehabilitative treatment needs that must be met. These needs will typically require A Young Child With Cerebral Palsy Using a Walkerfunds to be expended, whether it be directly or indirectly.

    2. One or both parents may need to take significant time away from working in order to provide the child with the care that he or she needs. This results in potentially substantial amounts of lost income.

    3. Your child will have ongoing day-to-day needs as well. These needs may continue for weeks, months, and even years. It is important that there is a source of funds available to cover these costs.

    4. While you may be able to provide for your child now, eventually, you may no longer be able to do so. This could be due to disability or death. It is crucial that you set aside funds in order to cover your child’s ongoing care even after you are no longer able to do so.

    5. As time goes on, new and cutting edge treatments or tools could become available that could significantly improve your child’s quality of life. Having the funds to pay for these new treatments or tools may have a serious impact on your child.

    6. If you do not pursue compensation on behalf of your child, the health care provider who made the mistake that led to the Erb’s palsy is not typically going to notify you or encourage you to pursue compensation. Instead, it is up to you to serve as your child’s advocate.

    If you are ready to learn more about protecting your child’s legal rights after a birth injury, we are here to provide the guidance that you need. We encourage you to check out our many case results to learn more.

     

  • My child was diagnosed with cerebral palsy. How do I know whether the doctor who delivered him could have prevented this from happening?

    When your child is diagnosed with cerebral palsy, your thoughts may turn to whether there was something that could have been done to prevent this from happening. Unfortunately, in some cases the answer is yes. Certain warning signs may have existed during the labor and delivery process that may have gone unnoticed or may not have been responded to quickly enough or properly by your child’s health care team. As a result, your baby may have suffered a brain injury that ultimately led to the cerebral palsy diagnosis that you are now grappling with.

    4 Warning Signs That May Have Prevented Cerebral Palsy

    For parents whose children suffered birth injuries that were potentially preventable and ultimately led to cerebral palsy, legal A Newborn Baby in an Incubatoraction may be taken against the health care providers involved in his or her care. This legal action could ultimately lead to important financial compensation that can help families to afford the best possible health care, counseling, and rehabilitation that will assist a child with cerebral palsy in maximizing his or her potential.

    What are some of the major warning signs that cerebral palsy was potentially preventable? The following are four examples:

    1. Your labor was especially long and difficult. While many mothers prefer to deliver their child vaginally, we are fortunate to live in a time period where surgical interventions can lead to safe and healthy outcomes for both mother and child when a birth does not go as hoped or planned. Health care providers must know when to call for a cesarean section, or C-section, and must do so in a timely manner. If labor extends beyond a healthy period of time or if a vaginal labor could clearly be harmful to the mother or child, it is the doctor’s responsibility to order a C-section to prevent injuries.

    2. Your child suffered from something called “asphyxia” during the labor and delivery process. Asphyxia is a condition that develops when a child is deprived of oxygen during delivery. Asphyxia can often cause significant damage to the brain. Ultimately, this may lead to cerebral palsy.

    3. Your child suffered from fetal distress during labor or delivery. Fetal distress occurs when the baby’s heart rate begins to fluctuate. Typically, this will sound off various alarms from the fetal monitoring equipment that is typically in place during the labor and delivery process. The equipment will mark sustained spikes and drops in the fetal heart rate. When fetal distress occurs, this is a major red flag of serious issues. Doctors will typically order a C-section take place within 30 minutes or less if this occurs.

    4. Your medical team noted the presence of meconium during delivery. Meconium is the medical term for a child’s first bowel movement. When meconium is present during labor, it can be a sign of potential fetal distress. It may also be a sign that complications arose during the delivery, leading to harm to the brain.

    While the presence of these warning signs alone do not necessarily indicate that cerebral palsy could have been prevented, they are an important factor in your child’s delivery and birth and the ultimate cause of his condition. An experienced attorney will help review and analyze the details of your child’s labor and delivery to establish whether the cerebral palsy could have been prevented, and, if so, who is to blame. If your child received inadequate or substandard medical care, he or she may be entitled to pursue legal action. The compensation that he or she could receive can help to pay for important items including therapy, adaptive equipment, assistive technology, housing, and other benefits that can help improve quality of life.

    Facing a diagnosis of cerebral palsy is scary for many parents, and beginning the process of pursuing legal action may feel even more overwhelming. Fortunately, we are here to help guide you through this process each step along the way. We encourage you to check out our many case results to learn more.