How much compensation you can claim in your lawsuit will depend on the economic and non-economic damages you can prove via evidence. This evidence can include your medical bills, proof of any wages you have lost, and the testimony of expert witnesses who can explain why and how the defendant or institution caused your baby’s injury by behaving negligently.
A lawsuit can help you pay for necessary treatment and equipment for your child. It can also protect other families from being harmed by incompetent providers or medical institutions that have bad policies, like having overworked and underpaid staff or not offering proper training.
The heartbreaking truth is, if you are considering filing a lawsuit because your baby was harmed, you are far from alone. In the United States each year, approximately 28,000 babies are born with a birth injury. Many of these could have been prevented, leaving families to struggle in the aftermath of an injury that didn’t have to happen.
What You’ll Need to Establish to File
Before you decide to file a lawsuit, your lawyer will make sure you can prove the following conditions have been met.
Doctor-Patient Relationship
Proving a patient-physician relationship may be the easiest part of this process. One exception is if you were given incorrect advice by someone who was not officially treating you, such as a medical professional you encountered in a hallway or waiting room.
Medical Negligence
Next, you’ll have to prove that the defendant was medically negligent. This could mean proving they failed to monitor your baby correctly, they incorrectly interpreted the results of monitoring, or they failed to act appropriately to the monitor’s reading. It could also mean that they used equipment improperly or that they failed to diagnose a condition they should have known about.
Negligence Caused Your Child’s Condition
The third condition that needs to be met for a successful lawsuit is proving that your baby’s condition was caused by medical negligence. This is when expert witness testimonial can be extremely valuable.
What Kind of Damages You Can Claim
There is no way an attorney can tell you how much your lawsuit may be worth until they are able to review the facts of your case. However, understanding the kind of damages you can claim can give you a better idea of what you can expect. The damages you may be able to recover include:
- Hospital bills
- Doctor bills
- Medications
- Therapy
- Special education
- Special equipment
- Pain and suffering
How much you can claim also depends on where you live. Some states have caps on the amount of the damages you can claim in a personal injury lawsuit.
Average Settlement for a Birth Injury Case
The average settlement for a birth injury case in which a baby has suffered brain damage is approximately $1.03 million. This does not mean your settlement will be a million dollars. It could be much lower than this, or it could be much higher. In fact, there have been birth injury settlements in Pennsylvania that have settled from $50 million up to $78 million.
How much you may get is dependent on the facts of your case and the specific damages you can claim. Your pain and suffering award will also depend on the damages you can prove. In most cases, the defendants’ insurance will multiply your total expenses by a number between one and five to determine how much your pain and suffering is worth.
How Much Lawyers Charge
According to Pennsylvania Cerebral Palsy Lawyer, you can get a free review with a lawyer to help you understand your rights and legal options. As far as how much an attorney will charge, most reputable personal injury lawyers work on a contingency basis. This means their fees will be taken out after the case has concluded. While rates may vary, typically attorneys charge around 10% to 40%.
It is in your best interest and the best interest of your child to explore every possible avenue. Early intervention can improve outcomes in many situations. The sooner you can begin accessing treatment, the brighter your baby’s future could be.