Know Your Rights: What Compensation Is Available In A Birth Injury Lawsuit?

It is estimated that there are between 6,000 and 7,600 cases of birth injuries per year in the US. Birth injuries are most commonly caused by medical negligence or error during the labor and delivery process. Birth injuries can cause a variety of problems, ranging from mild to severe. Some common problems include cerebral palsy, Erb’s palsy, and skull fractures. In some cases, birth injuries can even be fatal. If your child was injured during birth, you may be wondering what kind of compensation is available in a birth injury lawsuit. While every case is different, there are certain types of damages that are typically awarded in these cases. In this article, we will take a look at what compensation you may be entitled to after a birth injury and the next steps. 

Economic Damages

Economic damages are those that reimburse you for the financial costs associated with your child’s injury. This can include things like medical bills, therapy costs, and lost wages if you have to take time off work to care for your child. To navigate successfully receiving your compensation, you will need to hire a reputable birth injury lawyer. Birth injury lawyers can help you file a claim, negotiate with insurance companies, and even take your case to trial if necessary. If you’re worried about the costs of hiring a lawyer, don’t be. Many birth injury lawyers work on a contingency basis, which means they only get paid if you win your case. And even if you do have to pay upfront costs, those will usually be covered by your eventual settlement or verdict. So if your child has suffered a birth injury, don’t try to go it alone. Hire an experienced birth injury lawyer to help you get the compensation you and your family deserve.


Non-Economic Damages

Non-economic damages are those that compensate you for the non-financial effects of your child’s injury. This can include things like pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages

Punitive damages are sometimes awarded in cases where the defendant’s actions were particularly reckless or egregious. These damages are meant to punish the defendant and deter others from engaging in similar behavior.

The Next Steps

Now that you know what compensation types you can receive after such medical injustice, the next step is to understand how to take the rightful course of action to pursue your compensation. Roughly, there are seven steps to this. Let’s take a closer look:

1. Get A Lawyer

As firstly mentioned, you will need an experienced birth injury lawyer to help you navigate the legal process and get the compensation. Be sure to ask about their experience with similar cases and whether they have successfully recovered damages for their clients in the past.

2. File A Complaint

The next step in filing a lawsuit is to file a complaint with the court. This document will outline your child’s injuries and the specific damages you are seeking.


3. Serve The Defendant

Once you have filed your complaint, you will need to serve the defendant with a copy of the document. This can be done by hand-delivering it to them or by sending it via certified mail.

4. Respond To The Defendant’s Answer

The defendant will have an opportunity to respond to your complaint. Once they have done so, you will need to file a response with the court.

5. Engage In Discovery

Discovery is the process of gathering evidence and information from the other side. This can be done through things like depositions, written questions, and document requests.

6. Go To Trial

If your case does not settle during discovery, it will go to trial. During the trial, both sides will present their evidence and arguments to the judge or jury.

7. Collect Your Damages

If you are successful in your lawsuit, you will be awarded damages by the court. These damages can be paid by the defendant or their insurance company. Be sure to work with your lawyer to ensure that you receive the full amount of compensation you are entitled to.

Get Justice

If your child has suffered a birth injury, it is important to get help from an experienced medical team and legal professionals who can guide you through this difficult time. You should also keep in mind that many birth injuries are not permanent, and with proper treatment and rehabilitation, your child can often make a full recovery. However, it is extremely important to remember the compensation you may be entitled to. An experienced birth injury lawyer can help you understand your legal rights and options and fight for the full amount of damages you deserve.