Do I Need an Attorney?
You first need to evaluate your needs. There are two main situations where a family may seek guidance from an attorney when autism is involved. The first situation may involve a child who does not receive the proper type of educational services. In many cases, you can file appeals with your State Board of Education to appeal any decisions you find unfair. This can be done without the help of an attorney, but if you feel that your child’s needs still aren’t being met and your appeals are not producing the desired result, an attorney who specializes in special education rights and advocacy may be able to provide you with some firepower.
If a family believes that vaccines have caused their child to develop autism, they can file a claim under the National Vaccination Injury Compensation Program (VICP). Often though, families are bypassing this step and are filing lawsuits. Under the current system, vaccine injury claims need to be evaluated by the federal compensation program before they go to trial. If a family is denied their claim or is not satisfied with the award, then they may choose to take their case to court, as Hannah Poling’s family did.
Statute of Limitations
Currently, claims for vaccine-related injuries must be filed within three years. If a vaccination is linked to the death of a child, the statute of limitations is only two years. This is not a well known fact, and many are pushing for change. Families with autistic children are pressuring Congress to extend the statute of limitations to allow children affected by vaccine-induced autism to have lawsuits filed on their behalf until they reach adulthood. Often, it takes a long time for these families to obtain a proper diagnosis, and then to find the money to file claims and hire the experts necessary to achieve the proper documentation. If you have concerns or questions, you need to seek legal guidance immediately to protect both you and your autistic child.
If you would like assistance finding a competent attorney in your area to help you with your child’s health concerns, please fill in the form at the upper right to contact us for a referral.
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