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How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you could be entitled to compensation. Generally, the amount of money you get will be contingent on a few variables.

The process of suing begins when your attorney files a complaint against defendants. Both sides will then participate in discovery, where they will discuss evidence and other details, including medical records.

Medical expenses

Medical expenses associated with a birth injury law firm injury can vary significantly based on the nature of the injuries your child sustains. Broken bones, for example, may require surgery and long-term therapy. Similar to that nerve damage caused by harsh handling or pressure from a manual instrument can result in permanent pain and limitations. Your lawyer will evaluate your child's medical requirements and estimate costs for treatment over the course of their lives to ensure enough compensation to cover these.

You will need to demonstrate that a healthcare professional owed an obligation to you, and that they violated that duty, and that this breach led to the injury of your child. It is often recommended that medical experts look over the case and provide an opinion from their previous experience.

Depending on the circumstances you might be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who gave birth to your child, the assistants and the hospital in which the birth occurred. Your legal team will contact each of them to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file an action.

Pain and suffering

A birth injury lawsuit can result in compensation for emotional and physical injuries suffered by a child. The amount of compensation families receive is determined by the severity of the injuries and their effects on a child's daily life.

Parents must prove that the medical professional or facility was not in compliance with the standard of care in order to win an award. This means that the physician or hospital did not act with expertise or judgment in an instance in which their actions or inaction led to injuries to the body. Both sides typically employ medical experts to help determine the standard. Specialists, such as obstetricians, are held to higher standards.

Most birth injury cases settle, rather than go to trial. Trials can be costly, risky and time-consuming. A settlement allows families to receive financial assistance sooner and in a more amicable manner. Settlements ensure that the future needs of children are met. This may include the costs of a disability van, home modifications and specialized equipment in addition to ongoing medical treatment for conditions such as cerebral palsy.

Punitive damages

Punitive damages are the most severe amount juries could award in a birth injury case. They are usually given to punish the perpetrator and to deter others from doing similar offenses. The purpose of these awards is to make victims believe that their cases were taken seriously.

A New York City personal injury lawyer can help you assess the value of your case, including non-economic damages. If necessary, they may also file a lawsuit for punitive damage. Punitive damages may be awarded based on the defendant’s conduct or a finding of moral immorality. They are usually four times the other damages awarded.

A lawyer can win you a significant amount of money to help pay for medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma and other losses that are not financial. Certain states set limits on the amount of compensation a victim could receive. Virginia for instance, caps damages at the cost of care through the tenth birthday of a victim. Other states restrict damages for suffering and pain in addition to other types.

Damages for non-economic damages

In a majority of cases the injuries of a child will result in ongoing care. This includes medical treatment therapies, as well as other expenses. It could also include future loss of earnings if the injury will interfere with the child's ability to work and make money. This is referred to as loss of consortium.

Your lawyer will assist you in calculating the full cost of your child's injuries including non-economic damages. They will collaborate with experts to create an argument to demonstrate how severely your child was harmed and the impact it had on their life. They will also use expert testimony to show that the doctor violated their duty of care.

They could also ask for access to your child's medical records. These are crucial to your case. It is essential to request these immediately if you suspect that there is a birth injury as they are often lost, misplaced, or destroyed. Your attorney can assist in getting these documents as quickly as is possible.

Damages for economic damage

A birth injury could cause a range of costs that aren't immediately evident. These costs include medical bills that have already been incurred as well as projected costs of therapy to come, in-home or institutional care medications, adaptive equipment and travel to and from therapist and doctor's appointments.

Additionally, a severe disability can limit an individual's ability to earn a living wage. This could also impact the family's finances. A parent might have to quit their job or stop their job completely to care for a disabled child, leading to lost wages.

Parents who file a birth injury claim should keep track of all these costs and losses in order to determine their maximum potential award. When a jury or court awards damages, it takes into consideration the needs of the victim for the rest of their life. The more accurate the estimation of the future medical expenses and losses, the greater the award amount will be. Non-economic damages are difficult to put a price on but they can be awarded as well. These may include emotional distress, pain and suffering, loss of quality of life and loss of consortium.