How a birth injury attorney Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth, you could be entitled to compensation. The amount of compensation you receive will depend on a number of variables.

The process of suing starts when your attorney files a lawsuit against defendants. Both sides will then participate in discovery where they will exchange evidence and other information including medical records.

Medical expenses

Medical expenses associated with a birth injury can vary dramatically based on the severity of the injuries your child sustains. For example broken bones can require surgery to repair and can lead to costly physical therapy over the long term. In the same way, nerve damage triggered by manual pressure or rough handling during birth can result in permanent discomfort and limitations. Your lawyer will review your child's needs and estimate the cost of treatment over the course of a lifetime to ensure that you receive enough compensation.

You must demonstrate that the healthcare professional owed you a duty, that they violated their duty and that their lapse caused your child's injuries. It is common for medical experts to look over the case and give an opinion based on their experiences.

Depending on the circumstances, you might be able to identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor who delivered your baby, his assistants and the hospital in the birthing room. Your legal team will write letters to all of these parties informing them that a claim for medical malpractice has been filed and that they have an opportunity to settle the matter prior filing an action.

Suffering and pain

A birth injury lawsuit may result in the payment of compensation for physical and emotional injuries that a child suffers. The amount of damages an individual family receives is contingent on the severity of the injury and the impact on the child's life.

In order to win a case parents must prove that a medical professional or facility failed to act according to the standard of care. It means that a physician or hospital's actions or inactions caused the victim to suffer a medical injury. Both sides often hire medical experts to help determine the standards. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials are costly, time-consuming and costly. Settlements provide families with financial compensation earlier and in a less adversarial process. Settlements also ensure that children's future needs are fulfilled. This could include the expense of a wheelchair van as well as home modifications, special equipment, and regular medical treatment.

Punitive damages

Punitive damages are the most severe awards that juries can award in a birth injury case. They are often awarded to punish the offender and to deter others from doing similar crimes. They also aim to make the victims feel like their cases are taken seriously.

A New York City personal injury lawyer can help you determine the value of your case, including non-economic damages. They can also pursue a lawsuit seeking punitive damages in the event that they are appropriate. Punitive damages may be determined based on a defendant's behavior or on a remark of moral immorality. They typically amount to four times the other damages awarded.

A lawyer can help get you a significant amount of money to cover your child's medical costs and other financial losses. They may also file a lawsuit for emotional trauma and other losses that are not financial. Some states cap the amount of compensation that victims can receive. Virginia for instance, sets the amount of damages to be equal to the cost of treatment up to the tenth birthday celebration of a victim. Other states also have caps on suffering and pain, as well as other types of damages.

Damages for noneconomic damages

In many cases, the injuries of a child require ongoing care. This includes medical care therapies, as well as other costs. It may also include lost earnings if the accident affects the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will aid you in calculating the cost of your child's injury, including non-economic damages. They will work with expert witnesses to build a solid case to show the extent of your child's injuries and their impact on their life. They will also rely on experts' testimony to prove that the doctor did not fulfill their duty of care.

They could also request access to your child's medical records. These are vital to your case. It is crucial to request them immediately if you suspect a birth injury because they are often lost or lost, or destroyed. Your attorney can help you get these documents as quickly as is possible.

Damages for economic damages

A birth injury can cause a range of costs that are not immediately obvious. These include medical bills that have already been and the costs of therapy to come such as in-home or institutional treatment medications, adaptive equipment and travel to and away from therapist and doctor's appointments.

A severe disability can hinder an individual's ability to earn an income that is sufficient. It can also cause a ripple effect on the financial wellbeing of the family. Parents might have to give up their jobs or stop working altogether to take care of a disabled child. This could lead to loss of wages.

Parents who file a birth injury claim should keep track of all costs and losses to determine their maximum possible award. When a court or jury awards damages, it takes into account the victim's needs throughout their life. The greater the amount, the more accurate the estimate is of the future medical expenses. Damages that are not economic can also be granted even though they are harder to quantify. They can include emotional distress, pain and suffering loss of quality of life and loss of consortium.