How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during kankakee birth injury law firm, you may be entitled to compensation. In general, the amount of compensation you receive will depend on a few factors.

The lawsuit process begins by your attorney submitting a complaint against the defendants. Both sides will then participate in discovery, where they will exchange evidence and information such as medical records.

Medical expenses

Medical costs associated with a birth injury can vary significantly based on the nature of your child's injuries. Broken bones, for example may require surgery and long-term therapy. Similar to that nerve damage resulting from the pressure of a hand or rough handling can cause permanent discomfort and limitations. Your lawyer will analyze your child's needs and estimate the cost of treatment over the course of their lives to ensure that you receive enough compensation.

You will need to demonstrate that a healthcare professional was bound by the duty to you, that they did not fulfill that duty, and that this breach led to the injury of your child. It is common for medical experts to review the situation and give an opinion based on their experiences.

Depending on the circumstances it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor that delivered your baby, his staff members and the hospital in the birthing room. Your legal team will write letters to each of these parties notifying them that a medical negligence claim has been filed and they will be given an opportunity to settle the issue prior to filing an action.

Suffering and pain

A birth injury lawsuit may result in a compensation claim for emotional and physical injuries that a child suffers. The amount of damages a family receives is determined by the severity of the injury as well as the impact it has on the child's life.

To be able to claim compensation parents must prove that an medical professional or institution failed to perform their duties in accordance with the standard of care. It means that a physician or hospital's actions or inactions caused a medical injury. Medical experts are frequently consulted on both sides to define this standard. Obstetricians who are specialists are held to higher standards than generalist doctors.

Most cases involving birth injuries settle, rather than go to trial. Trials are risky, time consuming and costly. A settlement provides families with financial compensation much sooner and in a less adversarial process. Settlements also ensure that a child's future needs are fulfilled. This can include the cost of a disability van and home modifications, as well as specialized equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are the most severe awards that a jury may make in a birth injury case. They are usually awarded to penalize the wrongdoer and deter others from committing similar offenses. They also aim to ensure that victims feel their cases have been taken seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damages. They can also make a claim for punitive damages when they are appropriate. Punitive damages are based on the defendant's behavior and a finding of moral wrongdoing. They typically amount to four times the amount of other damages that are awarded.

A lawyer can assist you to win a significant award for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma or other damages that aren't financial. Certain states set limits on the amount of compensation a victim can receive. Virginia for instance, caps damages at the cost of treatment to the victim's 10th birthday. Other states limit damages for suffering and pain in addition to other types.

Damages for non-economic damages

In many cases the injuries of a child will cause ongoing treatment. This includes medical treatments, therapies, and other costs. This can include future lost wages if an injury interferes with the child's ability to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist you estimate the full cost of your child's injury including non-economic damages. They will collaborate with expert witnesses to create a compelling case to prove the severity of your child's injuries as well as their impact on their life. They will also rely on expert witnesses to prove the doctor's lapse of duty of care.

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

Damages for economic damage

A morro bay birth injury lawsuit injury can result in a number of costs that may not be obvious at first. These include medical bills already and the costs for future therapy, in-home or institutional care and medication, adaptive equipment as well as travel to and from therapist and doctor's appointments.

Additionally, a severe disability could hinder a person's ability to earn a living wage. It can also impact the finances of the family. Parents might have to quit their jobs or stop working altogether to care for disabled children. This could result in the loss of earnings.

Parents who file an injury claim in the birth should keep track on these expenses and losses to determine the maximum award they could receive. When a court or jury gives damages, they take into consideration the needs of the victim for the rest of their life. The higher the award and the more accurate the estimate is of future medical costs. In addition, non-economic damages can be awarded although they are more difficult to quantify. These may include emotional suffering, distress as well as loss of quality of life, and loss of consortium.