Birth Injury Compensation

Children who suffer birth injuries should to have the resources they require to lead a fulfilling life. Settlements for financial compensation can help them get the resources they need.

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

Medical expenses

It can be very traumatic to learn that a child was injured at birth injury due to medical negligence. Aside from the emotional trauma that can result in the aftermath, financial burdens can be substantial. Parents are accountable for immediate medical care and may be required to spend the rest of their lives in therapy as well as other treatments.

Your attorney will review the evidence to determine if an health professional committed an error that directly contributed to your child's injuries. He or she will determine the expected future expenses of your child and include in a demand for compensation. These expenses are referred to as economic damages.

You can claim non-economic damages in addition paying the medical bills of your child and any other costs associated with it. This will compensate you and your loved ones for the suffering and pain your child has suffered. These damages are not quantifiable, and may include mental anguish, physical disfigurement and other intangibles.

Many states have instituted medical indemnity programmes to cover future medical and rehabilitation costs for people who suffer serious birth injuries. These funds are financed by the portion of malpractice insurance premiums, or require hospitals and doctors to contribute. For instance the New York's Medical Indemnity Fund provides lifetime payouts to children and adults who suffer from a neurological birth injury.

Pain and suffering

It's extremely costly to provide your child with medical care throughout their life following an accident at birth. Costs can add up quickly even for children with minor injuries. You deserve compensation for the suffering and pain that could be caused by these injuries.

You should always consult an attorney before speaking to anyone at the hospital or insurance company, no matter how serious the injury is. You might be able use what you say against you, and they might try to decrease your compensation. It is important to speak with an experienced birth injury attorney before taking any other action.

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

Once they have enough evidence the lawyer will present an order to the hospital and doctor responsible. This document will outline the details of your child's injuries and how they were caused due to medical negligence. It will also contain documents and records to back your claims. If your doctor rejects your request, then your lawyer will file suit.

Future care costs

Birth injuries that are severe can result in expensive long-term treatment that affects families financially. A child suffering from cerebral palsy requires lifelong treatment, which could include surgeries and home health care assistants, therapy and medication sessions as well as doctor's visits and prescriptions. These costs are likely to increase quickly and significantly impact a family's quality of life.

In some cases, birth injury lawyers will employ an expert to prepare an "life plan" that will estimate the future needs in light of the victim's medical history and age. It includes projected annual costs for things like medication or therapy sessions, doctor visits and attendant care, lost income in the future, transportation, and home improvements.

These damages are typically significant portions of a settlement or jury verdict in a birth injury lawsuit and are designed to improve the victim's quality of life. However, some states limit the amount of non-economic damages and this restriction could apply to birth-related injury claims.

Many hospitals, doctors and insurance companies will refuse to admit their negligence or even agree to pay for a birth injury. This is why a majority of lawyers opt to seek an agreement instead of a trial verdict. A lawyer will write an agenda of demands and deliver them to the medical professionals involved with the case and provide a detailed explanation of the circumstances surrounding the injuries sustained by your child. If the doctor or the hospital refuses to accept the terms of the agreement, your attorney will file a suit.

Economic damages

Birth injuries can be expensive to treat, and victims could require expensive treatment for a number of years or even their whole life. In these instances, financial damages may include the past and future medical expenses as well as costs associated with victim's care such as mobility assistance. They are typically estimated with help from a special expert witness.

Parents are also entitled to compensation for the emotional stress that resulted from the trauma and knowing that their child's medical negligence could have been avoided. Some states have laws that recognize this emotional injury and giving victims non-economic damages for it.

Families should remember that, even though many birth injuries could cause serious and life-threatening illnesses Children are usually able to live a full life when they have the right support. That's why it is so vital that they receive the financial support they require to give them the best chance of living a happy and prosperous life.

An experienced lawyer can help families file a birth injury lawsuit against the doctor or hospital responsible for their child's injury. They'll take a close look at the case and gather additional evidence to build an argument that proves the medical professional failed to maintain a high standard of care. They'll then discuss the matter with the defendants to see the possibility of a settlement being reached. If not, they'll plan to file a lawsuit.