How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured during the birth. The amount of compensation you receive will depend on a number of variables.

The process of suing starts when your attorney files a complaint against defendants. Both sides will engage in discovery, during which they exchange evidence and information, including medical records.

Medical expenses

Medical expenses associated with birth injuries can differ greatly depending on the nature of the injuries your child sustains. For example, broken bones may require surgery to fix and may result in the cost of physical therapy for a long time. Similar to that nerve damage resulting from manual pressure or rough handling can result in permanent limitation and pain. Your lawyer will assess your child's needs and estimate the cost for treatment over a lifetime to ensure you get the right amount of compensation.

You must prove that a healthcare professional owed an obligation to you, that they did not fulfill that duty, and that this breach caused injuries to your child. This usually requires medical experts to examine the case and offer an assessment based on their knowledge.

Based on the circumstances it is possible to name a variety of healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that delivered your baby, the assistants and the hospital in which the birth occurred. Your legal team will send letters to each of these parties, advising them that a medical negligence claim has been filed and that they have the chance to settle the matter prior filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in compensation for the emotional and physical injuries suffered by children. The amount of damages families receive is determined by the severity of the injuries and the impact on a child's life.

In order to win a case parents must show that a medical professional or a facility failed to act according to the standard of care. This means that the doctor or hospital failed to act with competence or judgment in a situation where their actions or inaction resulted in injuries to the body. Medical experts are often engaged by both sides to help define this standard. Specialists, like doctors of obstetrics, are held to higher standards.

The majority of cases involving birth injuries settle, rather than go to trial. Trials can be risky, lengthy and expensive. Settlements allow families to receive financial compensation sooner and in a more amicable way. Settlements also ensure that a child's future requirements are satisfied. This could include the costs of a disability van, home modifications and specialized equipment as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

In the event of a riverbank birth injury law firm injury, punitive damages could be the most severe decision that a judge can award. These damages are often granted to punish the perpetrator and deter others from making similar mistakes. The purpose of these awards is to make victims believe that their case was taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, which includes non-economic damages. If they feel it is appropriate, they could also file a suit for punitive damages. Punitive damages are determined by the defendant's behavior and the finding of moral indecency. They typically amount to four times the amount of other damages awarded.

A lawyer can help win you a significant award to help pay for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma as well as other losses that are not financial. Some states put caps on the amount of compensation that a victim can receive. Virginia for instance, caps damages at the cost of treatment to the victim's tenth birthday. The other states have limitations on pain and suffering as well as other types of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require lifetime treatment. This can include medical treatment as well as therapies and other costs. It may also include lost earnings if the accident can hinder the child's ability to work and earn money. This is called loss of consortium.

Your lawyer will help you to calculate the full cost of your child's injury which includes non-economic damages. They will work with expert witnesses to create a compelling case to prove the severity of your child's injuries and their consequences on his or her life. They will also use expert testimony to show that the doctor violated their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. It is important to request them when you suspect that there is a wildwood birth injury Law firm injury as they are frequently lost or lost. Or, they are destroyed. An attorney can assist you get these documents as soon as possible.

Economic damages - Damages

A blakely birth injury lawsuit injury could cause a number of expenses that may not be obvious at first. These expenses include medical bills that have already been paid, and also projected costs for therapy to come home care, institutional treatment, medications, adaptive equipment, and transportation to and from doctor and therapist appointments.

Additionally, a severe disability can limit an individual's ability to earn a living wage. This could cause a ripple effect on the financial situation of the family. Parents might have to quit their jobs or even stop working completely to care for the child with disabilities. This could lead to losing income.

Parents who file a birth injury claim must keep track of all these costs and losses in order to determine their maximum possible award. If a jury or court decides to award damages, they take into account a victim's lifelong requirements. The higher the award is, the more precise the estimate is of the future medical expenses. Non-economic damages are harder to quantify however they are awarded too. These include emotional suffering, distress and loss of quality of life and loss of consortium.