Birth Injury Compensation

Children who have suffered birth injuries deserve to receive all the resources they need to lead a fulfilled life. A settlement will provide them with the financial compensation they need to get these resources.

A petition may be filed by a personal representative, guardians, parents or the next-of-kin of an injured child. After filing a petition there is a reasonable assumption that will be made that the alleged injury was a birth-related neurologic trauma as defined in SS 38.2-5001.

Medical expenses

It can be extremely traumatic to discover that a child has suffered from a birth injury due to medical negligence. In addition to the emotional stress it can be an enormous financial burden. Parents have to pay for immediate medical treatment, and they may need to invest a lifetime on therapy and other treatments in order to allow their child who has been injured lead a healthy and happy life.

Your lawyer will analyze the evidence to prove that an healthcare professional made an error that directly led to your child's injuries. The attorney will then calculate the estimated future expenses of your child and include in a claim for compensation. These expenses are referred as economic damages.

You may claim non-economic damages in addition paying for the medical bills of your child, as well as other expenses that are associated with it. This will compensate you and your loved ones for the pain and suffering your child has endured. These damages aren't as quantifiable, and may include mental anguish and disfigurement and other intangibles.

Many states have instituted medical indemnity programs to cover future medical and rehabilitation expenses for those who suffer serious birth injuries. These funds take a share of malpractice insurance premiums or require hospitals and doctors to contribute to the fund. New York's Medical Indemnity Fund, for instance, offers lifetime payments to adults and children who suffer from a neurological birth defect.

Suffering and pain

It's a huge expense to provide your child with medical care throughout their life after a birth trauma. Even minor injuries can become costly. You are entitled to compensation for the pain and suffering that can result from these injuries.

Always consult an attorney before speaking to anyone at the hospital or insurance company, regardless of how serious the injuries may be. It is possible to use what you say against you, and they could attempt to reduce your compensation. It is important to speak with an experienced birth injury attorney before taking any other action.

If you meet with an attorney, he or she will put together a convincing argument for the injuries your child sustained. This may include obtaining expert witness testimony to support your claim. They also conduct depositions, or signed statements, from the lawyers of the defendants and any other party involved in the case.

Once they have sufficient evidence Your lawyer will submit an order to the responsible doctor and hospital. The document details the specifics of your child's injuries and how they were triggered by medical negligence. This document will also include records and documents that support your claim. If the doctor rejects your offer, then your lawyer will file a lawsuit.

Future care costs

A serious birth injury can result in expensive long-term treatment, which can affect families financially. For instance, a child with cerebral palsy needs lifelong treatment that could include medical interventions, such as surgeries or home health care assistants therapies, medication along with doctor's visits and prescriptions. These costs are likely to increase quickly and have a significant impact on the quality of life of the family.

In certain situations the birth injury lawyer will hire an expert to prepare what's called a "life care plan." The document estimates future needs based on the victim's medical history and age. It provides estimated annual cost projections for things like medication as well as therapy sessions, doctor visits and attendant care, as well as future lost income, transportation and home improvements.

These damages can make up part of the settlement in a birth injury lawyers-injury lawsuit, or jury verdict. They are intended to improve the quality of life for the victim. However, certain states restrict noneconomic damages and this limitation could apply to birth injury lawsuits.

Many doctors or hospitals, as well as insurance companies are reluctant to admit fault or compensate for a birth injury law firms defect. This is why most lawyers will choose to pursue settlement instead of a trial verdict. A lawyer will draft a package of demands and send them to the medical professionals involved with the case along with a detailed description of the circumstances surrounding the injuries suffered by your child. If the hospital or doctor doesn't agree with the terms of the agreement, your lawyer will make a claim.

Economic damages

Birth injuries can be costly to treat and victims may require expensive care for years or even their whole life. Economic damages for these cases may include future and previous medical expenses, as well as other costs associated with the treatment of the victim like mobility aids. These are usually calculated using the assistance of an expert witness.

Parents are also entitled to compensation for the emotional distress they've suffered, knowing that the medical negligence of their child could have been prevented. Some states have laws recognizing this emotional harm and providing victims with non-economic compensation for it.

Families should remember that, even though many birth injuries could result in severe and debilitating diseases, children are often capable of leading a full life with the right care. It is therefore vital that they have the financial resources required to ensure a successful and happy life.

A skilled lawyer can help a family file a birth injury lawsuit against the hospital or doctor accountable for the child's injury. They will take a thorough look at the case and gather additional evidence to present an argument that proves the medical professional failed to adhere to a high standard of care. They'll then engage with the defendants in order to determine whether a settlement is reached. If not, they'll be prepared to bring a lawsuit.