A traumatic brain injury at birth places two heavy burdens on the backs of an injured child’s parents. The first is the realization that the life they envisioned for their child may not be possible. The second is the enormous cost of treatment. In many cases, it will be impossible to pay out of pocket.
By proving liability in a brain injury at birth lawsuit, parents can recover compensation to help pay for treatment. Other types of damages may be included in the lawsuit as well. Here, we’ll discuss what damages you might claim.
Two Main Types of Damages in a Brain Injury Lawsuit
There are two main types of damages included in a brain injury at birth lawsuit:
- Economic damages. These are losses that can be quantified (they have a specific dollar amount). They can include hospital bills, the cost of medication and therapy, lost wages, and much more.
- Non-economic damages. These are losses that can’t be quantified. Certain types of harm, such as pain and suffering or emotional distress, don’t come with receipts. But family and/or witnesses can provide testimony or photographs to show how the injury has impacted the child’s life.
Common Damages Sought in A Brain Injury at Birth Lawsuit
In a brain injury at birth lawsuit, the damages you may seek depend on three main factors:
- The specific circumstances of your case
- Severity of your child’s brain injury at birth
- The laws of your jurisdiction
Here are some common types of damages that a brain injury at birth lawsuit may include:
Medical Expenses
This includes the cost of medical treatment, hospitalization, surgeries, rehabilitation, therapy, medications, and ongoing medical care related to the birth injury.
Future Medical Expenses
If your child will need long-term or lifelong medical care, you might seek damages to cover future medical expenses.
Pain and Suffering in Brain Injury at Birth Lawsuits
You may be able to seek damages to compensate the child (and your family) for physical pain, emotional distress, and mental suffering.
Lost Earnings (to Child)
If the child’s brain injury will prevent them from working and earning income in the future, you may be able to seek damages to compensate for lost potential earnings.
Lost Income of Parents
A parent of a child with birth-related brain injuries may have to take time off work in order to care for the child. Others may need to switch to a lower-paying job, or even quit their jobs. In certain cases, parents can seek compensation for lost earnings.
Loss of Enjoyment of Life
A traumatic brain injury at birth can impact a child’s ability to enjoy life to the fullest. They may not be able to participate in certain activities. They may not have what we consider a “normal” quality of life. This is where “loss of enjoyment” compensation comes in. It belongs to the non-economic damages category, in which your child receives compensation for things that you can’t put a “price” on.
Disability and Impairment
Brain damage at birth from lack of oxygen (or other causes) can cause permanent disability and impairments. The lawsuit could include compensation for the costs associated with adapting to a disability.
Parental Loss of Consortium
In some cases, parents can seek damages for the loss of companionship they would have received from their child, had the injury not occurred.
Legal Fees and Costs
The lawsuit may also seek reimbursement for the legal fees and costs that you incur while pursuing the case. (Note: we do not charge any fees unless you receive a settlement or win your case).
A Word About Damage Caps in Birth Injury Cases
In some states, there are limits on how much money you can get as compensation in birth injury cases. These limits usually only apply to non-economic damages, not the actual costs of medical care. So, families might still get all the money they need to cover their medical bills and other expenses.
Legal Help for Cases of Brain Injury at Birth
Remember, every case of traumatic brain injury at birth is unique. The compensation that one child receives can be much different from that of another child, even if they suffered a similar brain injury. One reason for this is that the laws governing medical malpractice and birth injury lawsuits can vary by state/jurisdiction.
To find out what compensation you may be entitled to, consult a qualified attorney. A lawyer specializing in brain injury at birth lawsuits can help you understand the damages that apply to your specific case.
Our malpractice lawyers have recovered millions for victims of birth injuries, including babies suffering from a brain injury at birth. Please see our case results page for a summary of damages awarded to our clients.
FAQs: Brain Injury at Birth Lawsuit & Damages
Birth brain damage compensation refers to financial support provided to families when a baby experiences brain damage during childbirth due to medical negligence or malpractice. If you want to seek this type of compensation, you must file a medical malpractice lawsuit.
Many brain injury settlement amounts end up being in the millions, rather than the thousands of dollars. However, compensation for traumatic brain injuries varies widely. It depends on the severity of the injury and the unique circumstances of the case. The laws of your state and jurisdiction also factor in. Certain jurisdictions put a “cap” on the amount of damages you can receive. You can view our case results here.
If you want to claim compensation for a brain injury, there are a few things you’ll need to demonstrate. In general, they are:
– The defendant was responsible for your care (or your baby’s care.)
– The defendant was negligent while caring for you (or your baby.)
– You or your baby sustained a brain injury because of the defendant’s negligence.
Keep in mind that each state limits how much time you have to file your claim. This is called the statute of limitations. For most states, it is 2-3 years after the injury happened.
