How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured in the course of birth. Generally, the amount of the amount you receive will be contingent on a variety of factors.

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

Medical expenses

Medical expenses associated with eustis birth injury attorney injuries vary according to the severity of the injury. For instance, broken bones may require surgery to fix and can lead to the cost of physical therapy for a long time. In the same way, nerve damage triggered by pressure applied manually or rough handling during birth could cause chronic limitation and pain. Your lawyer will review your child's medical requirements and estimate the costs for treatment over the course of their lives to ensure sufficient compensation to cover them.

You will have to demonstrate that a healthcare professional owed the duty to you, that they violated that duty, and that this breach caused the injuries of your child. It is generally necessary to have medical experts review the case and provide an opinion from their previous experiences.

Depending on the circumstances you might be able include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital in which the birth took place. Your legal team will send letters to each of these parties advising them that a claim for medical malpractice has been made and that they have an opportunity to settle the matter before filing an action.

Suffering and pain

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

Parents must show that the medical professional or facility did not behave in accordance with the standards of care in order to win an award. It is a way of saying that a physician or hospital's actions or inactions caused a medical injury. Both sides usually employ medical experts to help determine the standards. Specialists like obstetricians are held to higher standards than generalist doctors.

The majority of birth injury cases settle, rather than go to trial. Trials are expensive, time-consuming and expensive. Settlements provide families with financial compensation sooner and in a less threatening process. Settlements ensure that the future needs of a child are addressed. This could include the expense of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

In a case of birth injuries, punitive damages can be the most severe verdict that a jury can award. These damages are usually given to punish the perpetrator and deter others from making similar mistakes. They also aim to ensure that victims feel their case has been taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, including non-economic damage. They may also make a claim for punitive damages as long as they are legal. Punitive damages can be awarded based on the defendant’s actions or a determination of moral immorality. They typically amount to four times the amount of other damages.

A lawyer can help you win you a significant amount of money to help cover medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma as well as other non-financial losses. Some states put caps on the amount of compensation a victim may receive. Virginia is an example. Virginia caps damages at the cost of treatment until the victim reaches their 10th birthday. The other states have caps on suffering and pain and other types of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require lifetime care. This includes medical treatment, therapies, and any other costs. It can also include future lost earnings if the injury affects the child's ability to work and earn money. This is called loss of consortium.

Your lawyer will help you in calculating the full cost of your child's injuries including non-economic damages. They will work with expert witnesses to construct a convincing case to show the extent of your child's injuries as well as their impact on their life. They will also make use of expert witness testimony to prove that the doctor's breach of duty of care.

They could also request access to the medical records of your child. These are essential to your case. These documents are crucial to request as quickly as you can if you suspect a birth trauma. They could be lost, misplaced, or destroyed. Your attorney can assist you to obtain these documents as fast as is possible.

Compensation for economic damages

A birth injury may result in a number of costs that might not be obvious at first. These costs include medical bills that have already been incurred, as well as projected expenses for future therapy, in-home care, institutional care, medication, adaptive equipment, as well as transportation to and from therapist and doctor appointments.

A disability that is severe can limit the ability of an individual to earn a living. This can also impact the financial situation of a family. Parents may need to quit their job or give up all work to care for the child who is disabled, leading to lost wages.

Parents who file a claim for birth injuries should keep track of the costs and losses to determine the maximum award they may receive. When a jury or a court awards damages, they take into consideration the victim's lifetime needs. The more accurate the estimate of future medical expenses and losses, higher the amount awarded will be. Non-economic damages can also be awarded although they are harder to quantify. These may include emotional distress, pain and suffering, loss of quality of life, and loss of consortium.