birth injury attorney Injury Compensation
Children with birth injuries need every resource needed to live a valuable life. Financial compensation from a settlement can assist them in obtaining the resources they need.
A petition may be filed by the personal representative of an infant injured or his parents, guardian ad the litem or next of family members. After filing a petition, a rebuttable assumption will arise that the injury alleged was a neurologic birth injury as defined in SS 38.2-5001.
Medical expenses
It can be very traumatic to learn that a child suffered a birth injury as a result of medical negligence. Aside from the emotional trauma that can be experienced and financial burdens could also be significant. Parents must pay for the immediate medical treatment, and may need to invest a lifetime on therapies and other treatments to help their child lead a healthy and happy life.
Your lawyer will examine the evidence to prove that the health care provider committed an error that directly contributed to your child's injuries. He or she will then calculate the estimated future expenses of your child, which they will include in a demand for compensation. These costs are known as economic damages.
In addition to paying your child's medical bills and other expenses associated with them, you can also seek noneconomic damages to pay you and your family members for the pain and suffering your child has experienced. These are often less quantifiable and could include a loss in quality of life or mental anguish, disfigurement and other intangible losses.
Many states have passed medical indemnity programs to pay for certain future medical and rehabilitation costs for people with serious
birth injuries. These funds are financed by the portion of malpractice insurance premiums, or require hospitals and doctors to contribute. For instance New York's Medical Indemnity Fund provides lifetime payments to adults and children with a brain injury from birth.
Suffering and pain
Giving your child lifelong medical treatment and medical attention following a birth injury is incredibly expensive. Even minor injuries can quickly grow. The pain and suffering that comes with these injuries could be a lot more severe and you are entitled to compensation for it.
Always consult an attorney before talking to anyone from the hospital or insurance company, no matter how serious the injury is. What you tell these people could be used against your claim, and they'll attempt to cut down on the amount of compensation you receive. This is why it's essential to speak with a seasoned birth injury lawyer prior to doing anything else.
After you've spoken with an attorney, they'll make sure that you have a solid case for your child's injuries and for the damages they have sustained. This could include the use of expert testimony to prove your claim. They also conduct depositions or sworn statements, from the defendants' lawyers and any other parties involved in the case.
Once they have enough evidence, your
lawyer will submit a demand package to the hospital and doctor responsible. The document will explain the facts about your child's injuries, and how they were caused due to medical negligence. It will also contain documents and other records to support your claims. If the doctor refuses to accept your offer, your lawyer will file an action.
Future care costs
Severe birth injury can result in expensive long-term treatment, which impacts families financially. A child who has cerebral palsy will require lifelong treatment, which could include surgeries or home health assistants, medication and therapy sessions as well as prescriptions and doctor's visits. These expenses can quickly mount up and significantly impact the life of a family.
In some instances, a birth injury lawyer will hire an expert to produce what's known as a "life care plan." This document estimates future needs based upon the victim's medical history and age. It will include projected annual expenses for things like medications as well as therapy visits to the doctor as well as attendant care, loss of income in the future, transportation, and home renovations.
These damages can comprise part of the settlement in a birth injury lawsuit or jury verdict. They are intended to improve the future quality of life of the victim. Some states limit noneconomic damage, and this limitation can be applicable to birth injuries.
Many doctors or hospitals, as well as insurance companies refuse to admit negligence or compensate for birth defects. This is the reason that most lawyers choose to pursue settlements instead of a trial verdict. A lawyer will draft a demand form and mail it to medical professionals involved in the case with a detailed explanation of the circumstances that led to your child's injuries. If the doctor or hospital does not accept the terms, your lawyer will start a lawsuit.
Economic damages
Birth injuries can be costly to treat, and those who suffer from it can need costly medical treatment for the rest of their lives or even their entire lives. In these cases, economic damages could include the past and future medical expenses and costs related to the care of a victim like mobility equipment. These are usually assessed by a specialist expert witness.
Parents also deserve compensation for the emotional stress caused by the traumatic event and the knowledge that their child's medical malpractice could have been avoided. Some states have laws recognizing this emotional injury and giving victims non-economic damages for it.
It's crucial for families to understand that, while many birth injuries lead to severe and debilitating ailments, children can often live an exemplary life with the appropriate support. This is why it's crucial that they receive the financial support they require to give them the best chance to live a having a fulfilling and happy life.
An experienced lawyer can help a family to 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 prove their argument that the medical professional failed to uphold a standard of care. They'll then discuss the matter with the defendants to determine whether a settlement is reached. If not, they'll be prepared to begin an action.