Birth Injury Compensation

Children who have suffered birth injuries need to have all the resources needed to live a happy life. A settlement can provide them with the financial compensation they require to access these resources.

A petition may be filed by the personal representative of an injured infant or his parents, guardianship ad litem, or the next of relatives. If a petition is filed, a rebuttable assumption will arise that the alleged injury was a neurologic injury resulting from birth as defined in SS 38.2-5001.

Medical expenses

It can be extremely upsetting to discover that a child has suffered from an injury at birth due to medical negligence. In addition to the emotional stress it can also be a significant financial burden. Parents must pay for the urgent medical treatment, and they could have to spend a lifetime on therapies and other treatments in order to allow their child who has been injured live a happy life.

Your attorney will examine the evidence to prove that a healthcare provider made an error that directly led to the injuries of your child. The attorney will then estimate the future costs for your child to include in a claim for compensation. These expenses are referred to as economic damages.

You can seek non-economic damages in addition to paying for medical expenses of your child, as well as other costs associated with it. This will compensate you and your family members for the pain and suffering that your child has endured. These damages are less quantifiable, and may include mental anguish, disfigurement and other intangibles.

Many states have passed medical indemnity programs to cover certain future medical and rehabilitative costs for those suffering from serious birth injuries. These funds collect a portion of malpractice insurance premiums, or require doctors and hospitals to contribute to the fund. New York's Medical Indemnity Fund, for instance, offers lifetime payments to adults and children who have suffered from a neurological birth defect.

Pain and suffering

The cost of providing your child with lifetime medical care and treatment following the birth injury can be extremely expensive. Even minor injuries can become costly. The pain and suffering associated with these injuries can be equally severe, and you deserve compensation for it.

Always consult with an attorney prior to speaking with anyone from the hospital or insurance company, no matter how serious the injury is. What you say to these individuals could be used against your claim, and they'll try to reduce the amount of money you receive. It's important to consult an experienced lawyer for birth injuries before taking any other action.

When you speak with an attorney, he or she will create a solid claim for the injuries suffered by your child. This may include the gathering of expert testimony to support your claim. They will also obtain sworn statements from the lawyers representing the defendants as well as any other parties involved.

Once your lawyer has enough evidence, they will send a demand pack (a document with all the details) to the hospital and doctor responsible. The document will detail the facts about your child's injuries and how they were caused by medical negligence. It also includes documents and other records to support your claims. If the doctor is unable to accept your offer and your lawyer files a lawsuit.

Future care costs

Severe birth injuries can cause expensive long-term treatment that affects families financially. A child with cerebral palsy will require lifelong treatment, which can include surgeries or home health assistants, medication and therapy sessions as well as prescriptions and doctor's visits. These expenses can rapidly add up and can have a major impact on a family's life.

In some instances, birth injury lawyers will hire an expert who will create a "life plan" which estimates the future needs according to the victim's medical history and age. It contains estimated annual cost projections for things like medicines or therapy sessions, doctor visits and attendant care, future lost income, transportation and home renovations.

These damages can make up an important portion of the settlement in a birth injury lawsuit or jury verdict. They are intended to improve the future quality of life for the victim. However, some states limit noneconomic damages, and this restriction 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 defect. The majority of lawyers agree to settle rather than go to trial. A lawyer will draft a list of demands and deliver them to the medical professionals involved with the case along with a detailed explanation of the reasons for the injuries sustained by your child. If the doctor or the hospital refuses to comply with the terms of the agreement, your attorney will file a suit.

Economic damages

A birth injury is expensive to treat, and patients can anticipate to require costly care for years or even their entire lives. Economic damages in these cases may include past and future medical expenses as well the other costs associated with the care of the victim, such as mobility accommodations. They are typically estimated using the assistance of an expert witness.

Parents also deserve compensation for the emotional distress caused by the trauma and knowing that their child's medical negligence could have been avoided. Certain states have laws that recognize this emotional harm and awarding victims with non-economic damages for it.

Families should remember that, while some birth injury lawyers injuries could lead to serious and debilitating ailments However, children are often capable of living a full life with the right care. That's why it's essential that they have the financial support they require to give them the best chance to live a a happy and successful life.

A knowledgeable lawyer can help a family to file a birth injury lawsuit against the hospital or doctor responsible for their child's injury. They will investigate the case in depth and gather additional evidence to back their claim that the medical professional failed to uphold a standard of care. They'll then discuss the matter with the defendants in order to determine whether a settlement is reached. If the settlement is not reached, they'll prepare to start an action.