Bringing a new baby into the world is supposed to be an exciting new beginning for families filled with love and happiness. Unfortunately, this is not always the case for some families. Millions of babies are born in the United States each year, and about one in every 9,000 of these babies are born with birth injuries.
These injuries range from minor bruising that lasts a few days to more serious and long-term injuries and even disabilities. If there is substantial proof that these injuries were caused by medical negligence or a mistake on the physician’s part, that may be grounds for a birth injury lawsuit.
Think you have a birth injury case on your hands but are not sure where to begin? You have come to the right place. This forum will go over what settlements are available for birth injury claims, the process of filing a lawsuit, as well as the types of settlements you can earn from filing a successful claim.
What Are Birth Injury Lawsuit Settlements?
Before we can go into what settlements you can earn, it is important to know what a birth injury lawsuit is and what you need to build a strong case. Delivering a baby is a serious medical procedure, whether it be naturally or via a cesarean section, and both mother and baby can be injured during the birthing process even if there are no prior concerns or medical conditions.
For your experience to be considered a legal birth injury lawsuit, there needs to be strong proof of either medical negligence or medical mistakes. In the case of medical negligence, there needs to be evidence that a doctor or nurse failed to provide adequate medical care during childbirth, which directly resulted in the birth injury. Similarly, a medical mistake is when a medical professional makes a mistake during medical care that directly results in injuries. If you can provide solid evidence that either negligence or mistake happened during your delivery, you may have a birth injury case.
If you have the grounds for a birth injury lawsuit, what are the settlements that you can potentially earn from it? A settlement is a large-sum payout that families earn to cover the expenses involved in caring for a child with a birth injury. This can include medical expenses, long-term care, and treatments. Settlements are meant to ease the financial hardship of caring for a child with high support needs and extensive medical expenses. A settlement is typically paid out without the family having to go to court.
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Call NowGet StartedWhat Is the Timeline for a Birth Injury Lawsuit?
While the general timeline for settling a birth injury lawsuit can vary, it can take, on average, up to a year from the initial filing to settling it in court. The basic legal steps involved in a birth injury lawsuit include the following:
- Initial Consultation with a Birth Injury Attorney: Before taking a case to court, you need to first schedule a consultation with a lawyer to go over your case and see if you have strong grounds for filing a lawsuit.
- The Pre-Litigation Phase: This is when you start collecting as much information and evidence as possible to build your case.
- Filing the Lawsuit: Your attorney will take all of the evidence you collected and file it into a formal lawsuit, where the defendant will receive notice of the case and the process formally begins.
- The Discovery Phase: This phase consists of both parties collecting information on each side of the case and the evidence collected. This gives both sides time to prepare for the trial and determine how strong of a case the opposing side has.
- Mediation and Settlement Negotiations: Mediations and settlements can be negotiated so that the family can get a financial reimbursement without the case having to go to court. This is sort of like a last chance to settle things before you have to get a judge involved.
- Trial and Verdict: If a settlement is not agreed upon, then the case goes in front of a judge and jury to come to a verdict.
- Post-Trial: Once a verdict is reached, then the next step is to calculate the damages from the case and what amount of compensation the family is going to receive.
What Is the Average Birth Injury Settlement?
The value of a birth injury settlement can vary depending on a wide set of factors, from the severity of the injuries to whether the case makes it to court. If your case is settled before it goes to trial in front of a judge, then the average settlement amount is anywhere between $400,000 and $500,000.
While that is still a significant amount, cases settled outside of court tend to have lower payouts than if they make it to trial. If the case is settled in court, then that average payout amount is anywhere from $1.3 million to $1.6 million.
What Factors Can Affect Birth Injury Settlements?
The financial settlement from a birth injury lawsuit can be affected by the severity of the injuries. A child diagnosed with cerebral palsy is going to receive a different settlement amount than a child with a broken clavicle due to the level of long-term medical care needed for children with cerebral palsy. Other factors can include the child’s quality of life, the wages that the parents lost due to an inability to work, and which state the baby was born.
Average Settlements Don’t Tell The Entire Story
While an understanding of these settlement averages is important to know so you are aware of what you are getting yourself into, these numbers do not tell the whole story. Countless factors can impact how much settlement you could earn, and no two children born with the same injuries will receive the same settlement amount.
Your settlement can vary depending on the judge assigned to your case, the severity of the defendant’s actions, the long-term repercussions of the birth injuries, and so many other factors. It is important to be aware of these discrepancies and arm yourself with a good birth injury attorney in Los Angeles to ensure you get the maximum settlement that you can.
Types of Damages
1. Economic Damages: These are financial damages that can easily be recorded and documented. Examples include:
- Medical Bills
- Lost Wages
- Care Costs
- Special Education
- Rehabilitation
- Equipment Expenses
- Future Medical Expenses
- Lost Future Earning Capacity
2. Non-Economic Damages: These damages are harder to prove, as they consist of the psychological repercussions of a birth injury. Examples include:
- Physical pain and suffering
- Reduced quality of life
- Psychological pain and suffering (both for the child and the parents)
Birth Injury Statute of Limitations
The statute of limitations is how long you have after a birth injury happens to file a case, and the exact timeline can vary depending on the state that you live in. In the state of California, the statute of limitations is 3 years after the injury was sustained or 1 year after the discovery of a birth injury.
Compass Law Group, LLP: Fighting for the Birth Injury Settlement You Deserve
Looking for a personal injury law firm in Los Angeles, California? Compass Law Group, LLP, has got your back! Our team has years of experience in the legal system, and we are ready to help you and your family get the legal settlement that you deserve. Our clients are our number one priority in everything we do, and you will not have to pay us a penny unless we win your case.
Contact Compass Law Group, LLP today to schedule your free consultation with one of our personal injury attorneys!
