How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injuries during the birth. The amount of compensation you receive is contingent on a variety of factors.

The process of bringing a lawsuit begins with your attorney filing an action against the defendants. Both parties will then engage in discovery, in which they will exchange evidence and information including medical records.

Medical expenses

Medical expenses associated with birth injuries can differ in a significant way based on the nature of your child's injuries. For instance, broken bones may require surgery to fix and can result in costly physical therapy over the long term. In the same way, nerve damage triggered by pressure from a manual or rough handling during delivery can result in permanent discomfort and limitations. Your lawyer will assess the needs of your child and estimate the costs of treatment over the course of their lives to ensure you get the right amount of compensation.

You will need to prove that a healthcare professional was bound by a duty to you, and that they breached that duty, and that this breach caused the injuries of your child. It is generally essential to have medical experts review the case and give their opinion based on past experiences.

Depending on your situation it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the assistants, and the hospital the hospital where the birth Injury Law Firms took place. Your legal team will write to each of them to inform them that a claim for medical malpractice has been filed. They can settle the matter without filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in compensation for the physical and emotional harms suffered by children. The amount of damages a family receives depends on the severity of the injuries and their impact they have on a child's lives.

To prevail, parents must prove that the medical professional or facility was not acting in accordance with the standard of care. This means that a doctor or hospital's actions, or inactions, caused the victim to suffer a medical injury. Medical experts are often consulted on both sides to define this standard. Specialists, like doctors of obstetrics, are held to higher standards.

Most birth injury cases settle, rather than go to trial. Trials are risky, lengthy and costly. Settlements offer families financial compensation sooner and in a less threatening process. Settlements guarantee that the future needs of children are met. This can include the cost of a wheelchair van as well as home modifications, special equipment and ongoing medical treatment.

Punitive damages

Punitive damages are the most severe awards that a jury may make in an injury case involving birth. These damages are usually given to deter the perpetrator and discourage others from engaging in similar crimes. The purpose of these awards is to make victims believe that their case was considered seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damages. If appropriate, they can also file a suit for punitive damage. Punitive damages can be granted based on the defendant's actions or a determination of moral immorality. They typically are four times the amount of other damages that are awarded.

A lawyer can help get you a significant sum to pay for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma as well as other non-financial damages. Certain states set limits on the amount of compensation a victim may receive. Virginia is an example. Virginia is able to limit damages to the cost of treatment, up to the victim's 10th birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for noneconomic damages

In a majority of cases, a child's injuries will cause lifetime treatment. This includes medical treatments, therapies, and other costs. It could also include future loss of wages if the injury is interfering with the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will assist you in calculating the total cost of your child's injuries, which includes non-economic damages. They will work with experts witnesses to construct a convincing case to prove the severity of your child's injuries as well as their impact on their life. They will also rely on expert witnesses to prove the doctor's lapse of duty of care.

They may also ask for access to your child's medical records. These are essential to your case. These documents are important to request as quickly as possible if you suspect that you have suffered a birth trauma. They can be lost, lost or destroyed. Your attorney can help you in getting these documents as soon as is possible.

Damages for economic damage

A birth injury lawyer injury can cause a range of costs that aren't immediately obvious. These expenses can include medical bills that have already been paid, and also projected costs for future therapy and in-home medical treatment, medications, adaptive equipment, and transport to and from therapist and doctor appointments.

A severe disability can also hinder an person to earn a living. This can also cause a ripple effect on the financial situation of a family. Parents may have to quit their jobs or even stop working completely to take care of the child with disabilities. This could result in loss of wages.

Parents who file a birth injury claim should keep track of all these costs and losses to determine their maximum possible award. When a judge or jury awards damages, they take into account a victim's lifelong requirements. The more precise the estimation of future medical costs and losses, the greater the amount of compensation will be. Damages that are not economic can also be awarded although they are more difficult to quantify. They can include emotional suffering, distress as well as loss of quality of life, and loss of consortium.