How a Maine Birth Injury Lawsuit Injury Claim Works

If a medical professional was negligent and your child suffered injuries during birth, you could be entitled to compensation. In general, the amount money you receive will depend on a variety of factors.

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

Medical expenses

The medical costs associated with birth injuries can be very different depending on the severity of the injury. Broken bones, for example might require surgery or long-term therapy. Similar to that nerve damage caused by the pressure of a hand or rough handling could cause long-term discomfort and limitations. Your lawyer will assess the needs of your child and estimate the costs of treatment over a lifetime to ensure that you are compensated for your expenses.

You will have to show that the healthcare professional owed you a duty, that they violated their duty and that their failure caused the injury to your child. The most common way to prove this is for medical experts to analyze the case and give an assessment based on their knowledge.

Depending on the circumstances, you may be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor that delivered your baby, his staff members and the hospital in the birthing room. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit.

Pain and suffering

A birth injury lawsuit could result in compensation for the emotional and physical harms suffered by children. The amount of damage a family receives is determined by the severity of the injury as well as the impact it has 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 standards of care. It means that a physician or hospital's actions or inactions led to an injury to a patient. Both sides typically employ medical experts to help define the standards. Obstetricians who are specialists are held to higher standards than generalist doctors.

The majority of birth injury cases are settled instead of going to trial. Trials can be risky, lengthy and costly. Settlements provide families with the financial benefits much faster and in a less adversarial process. Settlements ensure that future needs of a child are met. This can include the cost of a wheelchair van home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

In the case of birth injuries, punitive damages can be the most severe verdict that a jury can make. They are usually awarded to punish the offender and discourage others from committing similar crimes. The purpose of these awards is to make the victims feel like their cases are taken seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damage. They can also pursue a lawsuit seeking punitive damages, if they are appropriate. Punitive damages are based on the defendant's conduct and the conclusion of moral indecency. They are usually four-times the amount of other damages that are awarded.

A lawyer can win you a significant amount of money to pay for your child's medical expenses and other financial losses. They are also able to file a lawsuit for emotional trauma and other non-financial losses. Some states put caps on the amount of compensation a victim can receive. Virginia is one of them. It caps damages at the cost of treatment to the victim reaches their tenth birthday. Other states limit damages for pain and suffering as well as other types.

Damages for noneconomic damages

In a majority of cases children's injuries result in ongoing medical treatment. This includes medical care as well as therapies and other costs. It can also include future loss of earnings if the injury affects the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will assist you in calculating the total expense of your child's injury, including non-economic damages. They will work with experts witnesses to build a strong case to show the extent of your child's injuries and their impact on their life. They will also make use of expert witnesses to prove the doctor's violation of duty of care.

They may also ask for access to your child's medical records. These are critical to your case. These documents are important to get as soon as you can if you suspect an injury to your birth. They could be lost, stolen or destroyed. Your attorney can help you in obtaining these documents as soon as is possible.

Economic damages - Damages

A grand haven birth injury attorney injury can cause a number of expenses that may not be obvious at first. These include medical expenses that have already been paid, and also projected costs for therapy to come such as in-home care, institutional treatment, medications, adaptive equipment, and travel to and from therapist and doctor appointments.

A severe disability can limit the ability of an person to earn a living. It can also have an impact on the financial situation of families. Parents may need to quit their job, or even quit all work in order to take care of a disabled child, leading to lost wages.

Parents who file a claim to recover for birth injuries should keep track of these costs and losses to determine how much they can receive. If a jury or court awards damages, they must take into consideration the victim's lifetime requirements. The higher the award is, the more accurate the estimate is of future medical costs. Damages that are not economic can also be awarded even though they are harder to quantify. These include emotional suffering, distress and loss of quality of life and loss of consortium.