Birth Injury Compensation

Children who are victims of birth injuries deserve to have the resources necessary to live a full and satisfying life. Settlements could give them the financial compensation they need to receive these resources.

A petition can be filed by the personal representative of the infant who has been injured or his guardianship, parents, ad in litem, or next of relatives. After filing a petition an undisputed assumption will be made that the alleged injury was a birth-related neurologic injury as defined by SS 38.2-5001.

Medical expenses

It can be very upsetting to discover that a child suffered a birth injury due to medical negligence. In addition to the emotional stress and emotional trauma, there is an immense financial burden. Parents are required to pay for urgent medical treatment, and may need to invest a lifetime on therapy and other treatments to ensure their child is able to live a happy life.

Your attorney will review the evidence to show that an health professional made a mistake that directly contributed to your child's injuries. Then, he will estimate your child's future costs to be included in the claim for compensation. These costs are known as economic damages.

In addition to paying for your child's medical bills as well as other expenses associated with them You can also claim noneconomic damages in order to compensate you and your family members for the pain and suffering your child has endured. These damages are less quantifiable, and may include mental anguish, physical disfigurement and other intangibles.

Many states have enacted medical indemnity policies to cover the future medical and rehabilitation costs for those suffering from severe birth injuries. These funds receive a portion of malpractice insurance premiums or require doctors and hospitals to contribute to the fund. New York's Medical Indemnity Fund, for instance, provides lifetime payments to adults and children who have suffered a neurological birth defect.

Suffering and pain

Providing your child with life-long medical treatment and care following a birth injury is incredibly expensive. Even minor injuries can add up. You deserve compensation for the suffering and pain that may accompany these injuries.

Regardless of how serious your child's injuries are it is not advisable to speak with insurance or hospital representatives without first consulting with an attorney. What you say to these individuals can be used against your case, and they will attempt to cut down on the amount of money you receive. This is why it's essential to speak with an experienced birth injury lawyer prior to doing anything else.

After consulting with an attorney, they will work to build a strong case for your child and the injuries they sustained. This includes the testimony of an expert witness to support your claim. They also will take depositions, or sworn declarations, from the defendants' lawyers and any other party involved in the case.

Once your lawyer has enough evidence, they'll mail a demand package (a document with all the details) to the hospital and doctor responsible. The document details the specifics of your child's injuries and the manner in which they were caused through medical malpractice. The document will also include documents and records that support your claims. If the doctor doesn't accept your offer the lawyer will file an action.

Future care costs

Birth injuries that are severe can result in expensive long-term care that affects families financially. A child suffering from cerebral palsy needs to receive lifelong treatment that could include surgeries, home health care assistants, therapy and medication sessions along with doctor's visits and prescriptions. These costs can quickly mount up and drastically impact the quality of life of the family.

In some instances, birth injury lawyers will employ an expert to produce a "life plan" that will estimate the future needs dependent on the patient's medical history as well as age. It contains estimated annual cost projections for things like medications or doctor visits, therapy and attendant care, future lost income, and transportation as well as home renovations.

These damages are often a large portion of a settlement or a jury verdict in a birth injury lawsuit, and they're intended to improve the victim's future quality of life. Certain states limit noneconomic damages and this can be applicable to birth injuries.

Many hospitals, doctors and insurance companies are reluctant to admit their fault or agree to pay for birth injuries. This is why a majority of lawyers opt to seek settlement instead of a trial verdict. A lawyer will write a list of demands and send them to the medical professionals involved with the case, along with a detailed explanation of the circumstances surrounding the injuries suffered by your child. If the doctor or hospital refuses to accept the terms of the agreement, your lawyer will file a lawsuit.

Economic Damages

A birth injury is expensive to treat and patients can anticipate to require expensive care for a long time or even their entire lives. In these instances, economic damages can be a result of past and upcoming medical expenses along with the expenses related to the treatment of the victim such as mobility accommodations. They are typically estimated with the help of an expert witness.

Parents should also be compensated for the emotional pain they've suffered knowing that the medical negligence of their child could have been prevented. Some states have laws that recognize this emotional harm and offer non-economic damages for victims.

It's essential for families to keep in mind that while many birth injuries lead to serious and debilitating issues however, children can also lead life-changing lives with the appropriate assistance. That's why it's important that they have the financial resources they need to give them the best chance to live a an enjoyable and fulfilling life.

A knowledgeable lawyer can help families to file a birth injury lawsuit against the doctor or hospital responsible for their child's injury. They will review the case in depth and collect additional evidence to prove their argument that the medical professional failed to uphold a standard of care. Then, they'll negotiate with the defendants in order to find a settlement. If the settlement is not reached, they'll prepare to bring an action.