How Much Can Someone Expect to Recover in a Birth Injury Lawsuit?

The damages involved in birth injury cases are typically very high because an injured child will face an entire lifetime of losses. A variety of damages are included in birth injury cases:

Economic damages are typically the expenses that are associated with an injury now and in the future, including lost earnings.

Non-economic damages for pain and suffering, mental and emotional suffering and loss of enjoyment of life are also available. There are limits in many states on how much economic damages are available to an injured child in a birth injury case.

Punitive damages are allotted to punish defendants and to stop others from doing the same thing. It is possible to recover punitive damages in a birth injury case, however, it is often difficult to obtain because the injured party must prove that the care provider's act was malicious, intentional or reflected complete indifference to the welfare of the child. Punitive damages would be involved when a doctor intentionally harmed the child.

It is difficult to estimate damages in a birth injury lawsuit and the verdicts vary from state to state. Several different things affect the amount of damages. In a state where there isn't a limitation on damages, a child might recover damages in the millions. In these states, a child who suffers a brain injury will probably not recover as much in economic damages as a child with severe cerebral palsy who will need around the clock care and will never be able to work.

You may also be awarded money for your personal losses involved in your child's birth injury lawsuit, including payment for income your child might have contributed to your family, costs that would be included to care for your child and more.

For more information, contact a birth injury attorney today.