Birth Injury Compensation

Children who suffer birth injuries should have every resource they need to live a fulfilling life. Settlements can provide them with the financial compensation they require to receive these resources.

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

Medical expenses

It can be extremely traumatic to discover that a child has suffered a birth injury because of medical negligence. In addition to the emotional trauma that can occur as a result of the injury, financial burdens can be a significant issue. Parents are accountable for immediate medical care and may need to spend a lifetime in therapy and other treatments.

Your lawyer will review the evidence to establish that an health professional committed a mistake that directly contributed to your child's injuries. Then, he or she will calculate your child's estimated future expenses and add them to the demand for compensation. These are known as economic damages.

Apart from paying your child's medical bills and other related expenses In addition, you may be able to claim non-economic damages to compensate you and your family for the pain and suffering your child has endured. They are typically less quantifiable, and they can include a loss of quality of life or mental anguish, disfigurement and other tangible losses.

Many states have instituted medical indemnity schemes to cover future medical and rehabilitation costs for patients who have suffered serious birth injuries. These funds take a share of malpractice insurance premiums or require hospitals and doctors to contribute to the fund. For example, New York's Medical Indemnity Fund provides lifetime payments to adults and children with a neurological birth injury.

Pain and suffering

Giving your child lifelong medical care and treatment following a birth injury is incredibly expensive. Even minor injuries can increase in value. You are entitled to compensation for the suffering and pain that may result from these injuries.

However serious your child's injuries are, it is not advisable to speak with the hospital or insurance company without consulting an attorney. It is possible to make your words against you, and they could try to decrease your compensation. This is the reason it's crucial to speak with a seasoned birth injury lawyer prior to doing anything else.

After consulting with an attorney, they will make sure that you have a solid case for your child's injuries. This includes the gathering of expert witness testimony to support your claim. They also will take depositions, or sworn declarations from the defendants' lawyers and any other party involved in the case.

Once they have sufficient evidence the lawyer will present an application to the hospital and doctor responsible. The document will detail the circumstances of your child's injuries and the manner in which they were caused by medical negligence. The document will also contain records and documents that support your claim. If the doctor doesn't accept your offer and your lawyer files a lawsuit.

Future care costs

Severe birth injury attorney injury can result in costly long-term treatment that affects families financially. For example, a child who has cerebral palsy needs lifelong treatment that could include medical interventions like surgeries and home health care aids, medication, therapy sessions along with doctor's visits and prescriptions. These expenses are likely to increase quickly and greatly impact the quality of life of the family.

In some instances, a birth injury lawyer may hire an expert to create what's called a "life care plan." This document estimates future requirements based on the victim's medical history and age. It includes estimates of annual costs for things like medications or therapy sessions, doctor visits and, attendant care, lost income in the future transport, and home improvements.

These damages are usually the largest portion of a settlement or a jury verdict in a birth injury lawsuit, and they're designed to improve the victim's future quality of life. Certain states limit noneconomic damages and this can apply to birth injury cases.

Many doctors, hospitals and insurance companies refuse to admit their negligence or accept a payment for a birth injury. A majority of lawyers will accept a settlement rather than going to trial. A lawyer will draft an offer package and then send it to medical professionals involved in the matter along with a thorough explanation of the circumstances underlying the injuries your child sustained. If the hospital or doctor doesn't agree with the terms of the agreement, your lawyer will start a lawsuit.

Economic damages

A birth injury can be expensive to treat and patients can anticipate to require costly care for years or even their entire lives. In these cases, economic damages could include past and upcoming medical expenses along with the expenses related to the treatment of the victim such as mobility accommodations. These are usually assessed with the help of an expert witness.

Parents should also be compensated for the emotional distress they've endured, knowing that the medical negligence of their child could have been prevented. Some states have laws recognizing this emotional injury and awarding victims with non-economic damages for it.

Families must remember that, even though many birth injuries could result in serious and debilitating diseases Children are usually in a position to lead a healthy life when they have the right support. That's why it is so essential that they have the financial resources needed to give them the best chance of an enjoyable and fulfilling life.

A knowledgeable lawyer can help a family file a birth injury lawsuit against the doctor or hospital responsible for their child's injury. They will take a thorough look at the case and collect additional evidence to present an argument that proves the medical professional was not able to uphold a high standard of care. Then, they'll engage in negotiations with the defendants to negotiate a settlement. If not, they'll plan to start a lawsuit.