10 Birth Injury Settlement Strategies All The Experts Recommend

How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries at birth. The amount of compensation you receive depends on several aspects.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will engage in discovery, where they exchange evidence and information, including medical records.

Medical expenses

Medical expenses associated with birth injuries can vary significantly based on the nature of your child's injuries. For instance broken bones might require surgery to fix and could result in ongoing physical therapy costs. Similar to that, nerve damage from physical pressure or rough handling can result in permanent limitation and pain. Your lawyer will assess your child's needs and estimate the cost of treatment over the course of their lives to ensure you are compensated in a sufficient amount.

You will have to prove that the healthcare professional owed you an obligation, that they violated their duty and that their lapse caused your child's injuries. The most common way to prove this is for medical experts to review the case and give an opinion based on their own experience.

Based on the circumstances, you may be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor that delivered your baby, the staff members and the hospital in the hospital where the birth took place. Your legal team will send letters to each of these parties notifying them that a medical negligence claim has been filed and Birth injuries they will be given an opportunity to settle the matter before filing an action.

Pain and suffering

A birth injury lawsuit may result in compensation for emotional and physical injuries sustained by a child. The amount of damages the family is awarded depends on the severity of the injuries as well as the impact they have on a child's lives.

Parents must demonstrate that the medical professional or the facility was not in compliance with the standard of care in order to win a claim. This means that the physician or hospital did not act with skill or judgement in the event that their actions or inactions caused a medical injury. Medical experts are often involved on both sides to determine the standard. Specialists, such as doctors of obstetrics, are held accountable to higher standards.

Most cases involving birth injuries settle, rather than go to trial. Trials can be costly, time-consuming and expensive. Settlements provide families with the financial benefits much faster and in a less adversarial process. Settlements also ensure that a child's future requirements are met. This could include the expense of a wheelchair van home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe award a jury could make in cases involving birth injuries. They are usually awarded to punish the wrongdoer and deter others from committing similar crimes. The purpose of these awards is to make the victims feel like their cases have been treated seriously.

A New York City personal injury lawyer can help you determine the value of your claim including non-economic damages. If they are deemed appropriate, they can also file a lawsuit for punitive damages. Punitive damages are determined by the defendant's behavior and the finding of moral turpitude. They usually amount to four times the amount of other damages given.

A lawyer can assist you to get a substantial amount of money for medical expenses of your child and other financial losses. They can also bring a lawsuit to recover emotional trauma and other damages that are not financial. Some states put caps on the amount of compensation a victim may receive. Virginia for instance, limits damages up to the cost of treatment, up to a victim reaches their tenth birthday. The other states have limits on pain and suffering in addition to other damages.

Damages for non-economic damages

In many cases, the injuries of a child require lifetime care. This includes medical treatment or therapies, as well as any other expenses. This could include the possibility of losing future wages if an injury interferes with the child's capacity to work and earn a living. This is referred to as loss of consortium.

Your lawyer will help you estimate the full cost of your child's injury including non-economic damages. They will work with experts witnesses to build a solid case to prove the severity of your child's injuries and their impact on their life. They will also make use of expert witness testimony to prove that the doctor's breach of duty of care.

They could also request access to the medical records of your child. These are critical to your case. These documents are important to request as quickly as you can in the event of that you have suffered a birth trauma. They can be lost, stolen or destroyed. An attorney can assist you get these documents as soon as possible.

Compensation for economic damages

A birth injury law firm injury can cause a number of costs that may not be obvious at first. These costs include medical expenses already incurred as well as projected costs of future therapy, in-home or institutional care medications, adaptive equipment as well as travel to and from therapist and doctor's appointments.

A serious disability may also restrict the ability of an person to earn a living. This could impact the financial situation of a family. A parent might have to quit their job or give up their job completely to take care of an ailing child, which can lead to a loss of wages.

Parents who are pursuing a claim for birth injuries should keep track of all these expenses and losses to determine the amount they can be awarded. When a judge or jury gives damages, they take into consideration the needs of the victim throughout their life. The higher the award is, the more accurate the estimate is of the future medical expenses. Non-economic damages can also be granted although they are harder to quantify. These can include emotional distress, pain and suffering and loss of quality of life and loss of consortium.