Birth Injury Compensation
Children with birth injuries deserve every resource they need to lead a full and fulfilling life. A settlement will provide them with the financial assistance they require to access these resources.
A petition may be filed by the personal representative of the infant who has been injured or his parents, guardianship ad the litem or next of family members. After the filing of a petition, a rebuttable presumption shall arise that the injury alleged is a birth-related neurological injury as defined in SS 38.2-5001.
Medical expenses
It can be incredibly upsetting to discover that a child has suffered a
birth injury law firm injury as a result of negligence by a medical professional. Aside from the emotional trauma that can occur as a result of the injury, financial burdens can be substantial. Parents must pay for the immediate medical treatment, and they could have to pay for a lifetime on therapy and other treatments to ensure their child is able to have a pleasant life.
Your lawyer will examine the evidence to prove that an health professional made an error that directly caused the injuries suffered by your child. He or she will then determine the expected future expenses for your child to include in a claim for compensation. These are known as economic damages.
You can seek non-economic damages in addition paying for medical bills of your child, as well as other expenses associated with it. This will compensate you and your family members for the suffering and pain your child has suffered. These damages are not quantifiable, and may include mental anguish, disfigurement and other intangibles.
Many states have implemented medical indemnity programmes to cover future medical and rehabilitation costs for patients who suffer severe birth injuries. These funds are funded by the amount of malpractice insurance premiums or require hospitals and doctors to contribute. New York's Medical Indemnity Fund, for example, provides lifetime payouts to adults and children who suffer from a neurological birth defect.
Pain and suffering
It's a huge expense to provide your child with medical attention for the rest of their life following a birth trauma. Even minor injuries can quickly increase in value. The pain and suffering that comes with these injuries can be equally high and you are entitled to compensation for it.
You should always consult with an attorney prior to speaking with anyone from the hospital or insurance company, no matter how serious the injuries are. You could be able to use the information you provide against them, and they may attempt to reduce your compensation. This is why it's vital to consult with an experienced birth injury lawyer prior to doing anything else.
Once you've consulted with an attorney, they will make sure that you have a solid case for your child and the injuries they sustained. This could involve getting expert testimony to back your claim. They can also obtain depositions, or signed statements, from the defendants' lawyers and any other parties involved in the case.
Once they have sufficient evidence, your lawyer will submit an order to the responsible doctor and hospital. The document will outline the details of your child's injuries as well as how they were triggered by medical negligence. This document will also include records and documents that support your claim. If the doctor is unable to accept your offer, your lawyer will file a lawsuit.
Future care costs
Birth injuries that are severe can result in costly long-term treatment that affects families financially. A child suffering from cerebral palsy will require lifelong treatment, which may include surgeries as well as home health care assistants, therapy and medication sessions and doctor's appointments and prescriptions. These expenses can quickly add up and can have a major impact on the lives of families.
In some cases, a birth injury lawyer will engage an expert to prepare what's called a "life care plan." This document estimates future needs based on the victim's age and medical history. It also includes estimated annual costs for things like medications or therapy sessions, doctor visits and attendant care, lost income in the future transportation, as well as home improvements.
These damages are often an important portion of a settlement or a jury verdict in a birth injury lawsuit, and are designed to enhance the victim's quality of life. However, some states limit damages that are not economic and this limitation could apply to birth injury lawsuits.
Many hospitals, doctors and insurance companies will not agree to admit that they were negligent or even agree to pay for birth injuries. This is why most lawyers prefer to pursue a settlement rather than a trial verdict. A lawyer will draft a demand package and send it to the medical experts involved in the case, along with a thorough explanation of the circumstances that led to your child's injuries. If the doctor or hospital doesn't agree with the terms, your lawyer will file a lawsuit.
Economic damages
Birth injuries can be costly to treat, and victims could require expensive care for years or even their entire life. In these instances, financial damages could include past and upcoming medical expenses as well as expenses related to the treatment of the victim like mobility aids. These are usually calculated with the help of a particular witness.
Parents are also entitled to compensation for the emotional stress they have experienced, knowing that the medical negligence of their child could have been avoided. Some states have laws recognizing this emotional trauma and giving victims non-economic damages for it.
It's crucial for families to keep in mind that although many birth injuries result in serious and debilitating issues, children can often live valuable lives with the right assistance. That's why it's crucial that they receive the financial resources necessary to give them the best chance for a happy and successful life.
An experienced lawyer can help families file a birth injury lawsuit against the hospital or doctor responsible for their child's injury. They will examine the case in depth and collect additional evidence to support their claim that the medical professional did not adhere to a standard of care. Then, they'll engage in negotiations with the defendants in order to negotiate an agreement. If not,
law they'll be prepared to start a lawsuit.