How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injuries during the birth. Generally, the amount of money you receive will depend on a few factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will participate in discovery, during which they share information and evidence, including medical records.

Medical expenses

Medical expenses related to birth injuries can vary significantly based on the nature of your child's injuries. For instance broken bones can require surgery to fix and could result in costly physical therapy over the long term. Also, nerve damage caused by pressure applied manually or rough handling during birth injury attorney could cause chronic discomfort and limitations. Your lawyer will evaluate your child's medical requirements and estimate the lifetime treatment costs to seek enough compensation to cover these.

You will have to show that the healthcare professional was owed the duty of care, that they violated their duty and that their negligence resulted in your child's injuries. It is often recommended that medical experts look over the case and give their opinion basing on their previous experiences.

Depending on the circumstances, you may be able to identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor who gave birth to your baby, the medical assistants and the hospital which the birth occurred. Your legal team will write to all of them to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without filing an action.

Pain and suffering

A birth injury lawsuit could result in compensation for emotional and physical harms suffered by the child. The amount of damages an individual family receives is contingent on the severity of the injuries as well as the impact they have on a child's lives.

Parents must prove that the medical professional or facility did not behave in accordance with the standard of care to win a claim. This means that a doctor or hospital's actions or inactions led to a medical injury. Both sides usually employ medical experts to help define the norm. Obstetricians, for instance, are held to higher standards than generalist doctors.

The majority of birth injury cases settle rather than going to trial. Trials can be risky, expensive and lengthy. A settlement provides families with financial compensation earlier and in a less threatening process. Settlements ensure that the future needs of a child are met. This may include the costs of a disability van, home modifications and specialized equipment as well as ongoing medical treatment for illnesses like cerebral palsy.

Punitive damages

In the case of birth injury, punitive damages may be the most severe award that a jury could make. They are often given to punish the perpetrator and prevent others from engaging in similar crimes. The aim of these awards is to make victims believe that their cases were taken seriously.

A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. If they are deemed appropriate, they can also file a lawsuit for punitive damage. Punitive damages are based on the defendant's behavior as well as the conclusion of moral indecency. They are usually four times more than other damages awarded.

A lawyer can win you a significant award to pay for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma and other non-financial losses. Some states place caps on the amount of compensation a victim could receive. Virginia is an example. Virginia caps damages at the cost of treatment until the victim's 10th birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

In many cases children's injuries cause lifetime medical treatment. This can include medical treatment, therapies, and other expenses. This may include the loss of future earnings if the injury interferes with the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will help you estimate the full amount of the injuries your child sustained including non-economic damages. They will work with experts witnesses to build a strong case to prove the severity of your child's injuries as well as their impact on his or her life. They will also make use of expert witness testimony to prove that the doctor's breach of duty of care.

They could also ask for access to your child's medical records. These are vital to your case. They are important to obtain as soon as possible if you suspect an injury to your birth. They could be lost, stolen or destroyed. Your attorney can help you in obtaining these documents as soon as possible.

Damages for economic loss

A birth injury may cause a number of expenses that may not be obvious at first. These costs include medical bills already paid as well as projected costs for future therapy and in-home medical care, medications, adaptive equipment, as well as transportation to and from doctor and therapist appointments.

Furthermore, a disability that is severe can limit an individual's ability to earn a living wage. This could also have a ripple effect on the finances of a family. Parents may need to quit their job or stop all work to take care of a child with disabilities, leading to the loss of wages.

Parents who are pursuing a claim for Birth Injury law firms injuries should keep track of all costs and losses to determine the maximum amount they could be awarded. When a jury or court gives damages, they take into consideration the needs of the victim for the rest of their life. The greater the amount and the more accurate the estimate of future medical costs. Non-economic damages can be difficult to quantify, but they can be awarded too. These can include emotional suffering, distress and loss of quality of life, and loss of consortium.