Settlements of Birth Injury Cases
Birth injuries can have devastating effects on both the child and their family. A birth injury is a type of injury that occurs to a child during the birth process. It can happen before, during, or after delivery. Birth injuries can result in physical, emotional and financial burdens. Birth injuries can occur due to various reasons, ranging from natural complications during labor and delivery to medical errors. If a birth injury occurs due to a medical error, the parent(s) of the injured child may have legal recourse. If negligence of a medical professional caused the injury, the parent(s) of the injured child can file a medical malpractice claim and seek compensation.
If your child suffered a birth injury due to the negligence of a medical professional, it is natural to wonder how much compensation you can expect to receive. You may be wondering, “What is the typical birth injury settlement?” There is no such thing as an average birth injury settlement. Every case is unique, and the value of each case depends on the specific factors surrounding it. Every birth injury case requires a separate calculation and consideration. The best way to get an idea of the possible value of your claim is to speak to a qualified medical malpractice attorney who can assess the specifics of your case.
Factors That Can Impact the Value of a Birth Injury Case
Numerous factors can affect the value of a birth injury case. The following are some of these factors:
Severity of the Injury
The first factor that can impact how much you can recover in a birth injury case is the nature and severity of the injury. Generally, the more severe the injury, the higher the compensation one can expect to recover. This is because more severe birth injuries typically require extensive medical treatment and ongoing care and significantly affect the child’s quality of life. Higher compensation accounts for increased medical expenses, greater pain and suffering, and loss of future earning capacity.
Medical Expenses
The cost of treatment can significantly impact the value of your birth injury case. This includes the cost of past, present, and future treatment. If your child suffered a severe birth injury, they may require ongoing medical care. Follow-up care adds to the overall costs. A permanent injury may result in healthcare costs continuing for life. All of this must be factored into the calculation.
Lost Wages and Earning Capacity
If you have had to take time off work to care for your child, your lost wages will be considered in the settlement. Also, your child’s potential future earning capacity, which might be impacted by their injury, will be factored in, affecting how much is received as compensation.
Non-Economic Damages
Damages such as pain and suffering, loss of enjoyment of life, and mental anguish, which are more subjective, can impact the value of your birth injury case.
Evidence
Clear, compelling evidence that proves negligence typically results in higher settlements. In other words, the easier it is to prove malpractice, the higher the recovery.
Contact an Atlanta Medical Malpractice Attorney
If your child suffered a birth injury and you need help recovering the compensation you and your family deserve, contact our skilled Atlanta medical malpractice attorney at Carroll Law Firm.
