Birth Injury Compensation

Children with birth injuries deserve every resource they need to live a satisfying life. A settlement can provide them with the financial compensation they require to obtain these resources.

A petition can be filed by a personal representative, guardians, parents, or next-of-kin of an injured child. After filing a petition there is a reasonable assumption that will be established that the injury claimed was a neurologic birth injury as defined by SS 38.2-5001.

Medical expenses

It can be incredibly upsetting to discover that a child has suffered a birth injury attorney injury because of medical negligence. In addition to the emotional pain it can be an immense financial burden. Parents are required to pay for immediate medical treatment, and they may have to pay for a lifetime on therapies and other treatments to help their injured child live a happy life.

Your lawyer will scrutinize the evidence to determine if a healthcare provider made an error that directly led to the injuries of your child. Then, he will estimate your child's future expenses to include in the demand for compensation. These expenses are referred as economic damages.

You can seek non-economic damages in addition to paying for medical expenses of your child and any other expenses incurred in connection with it. This will compensate you and your loved ones for the pain and suffering your child has suffered. These damages are not quantifiable, and may include mental distress, disfigurement and other intangibles.

Many states have enacted medical indemnity programs to cover the future medical and rehabilitation costs for those suffering from serious birth injuries. These funds collect a portion of malpractice insurance premiums or require hospitals and doctors to contribute to the fund. For instance, New York's Medical Indemnity Fund provides lifetime payments for adults and children with a neurological birth injury (click this link now).

Pain and suffering

The cost of providing your child with lifetime medical care and treatment following a birth injury is incredibly expensive. Even minor injuries can add up. The pain and suffering associated with these injuries could be a lot more severe and you are entitled to compensation for it.

Always consult with an attorney prior to speaking to anyone from the hospital or insurance company, no matter how serious the injury is. What you tell these people could be used against your case, and they will try to reduce the amount of compensation you receive. This is why it's important to speak with an experienced birth injury lawyer prior to doing anything else.

After you consult with an attorney, he or she will build a solid case for your child's injuries. This may include the testimony of an expert witness to support your claim. They will also take depositions, or sworn declarations, from the defendants' lawyers as well as any other parties involved in the case.

If they have enough evidence the lawyer will present an order to the hospital and doctor responsible. The document will outline the details of your child's injuries and the manner in which they were caused by medical malpractice. It will also contain documents and evidence to support your claims. If your doctor rejects your offer, then your lawyer will file a lawsuit.

Future care costs

Severe birth injury can result in expensive long-term treatment, which can affect families financially. A child suffering from cerebral palsy will require a lifetime of treatment, which may include surgeries and home health care assistants, medication and therapy sessions and doctor's appointments and prescriptions. These costs can quickly accumulate and drastically impact a family's quality of life.

In certain situations, a birth injury lawyer will engage an expert to prepare what's known as a "life care plan." This document provides estimates of future needs based on the victim's medical history and age. It contains estimated annual cost projections for things like medications and therapies, doctor visits, attendant care, future lost income, transportation and home renovations.

These damages are typically a large portion of a settlement or jury verdict in a birth injury lawsuit, and they're designed to improve the victim's quality of life. Certain states limit noneconomic damages as well, and this may apply to birth injury cases.

Many hospitals, doctors and insurance companies refuse to admit their fault or accept a payment for a birth injury. This is the reason why many lawyers prefer to pursue settlements instead of a trial verdict. A lawyer will write a package of demands and send them to medical professionals involved in the case and a thorough explanation of the circumstances that led to the injuries suffered by your child. If the doctor or hospital refuses to accept the conditions of the contract, your lawyer will file a lawsuit.

Economic damages

A birth injury can be expensive to treat, and those who suffer from it can need costly medical treatment for the rest of their lives or even their entire lives. In these instances, financial damages can include past and upcoming medical expenses along with the expenses associated with the care of the victim such as mobility accommodations. They are typically determined with the assistance of a special witness.

Parents should also be compensated for the emotional trauma 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 provide non-economic damages to victims.

Families need to remember that while many birth injuries can result in serious and debilitating ailments Children are usually in a position to lead a healthy life with the right care. It is vital that they are provided with the financial resources necessary to live a healthy and happy life.

An experienced lawyer can help families file a birth injury lawsuit against the hospital or doctor responsible for their child's injury. They will examine the case in depth and gather additional evidence to support their argument that the medical professional did not uphold a standard of care. Then, they'll negotiate with the defendants in order to come to a settlement. If not, they will bring an action.