There is no average birth injury settlement. That’s because many of these cases’ outcomes are confidential. If your child suffered a birth injury, your settlement depends on a variety of factors, such as the extent of their injuries.
When you connect with our team, we can provide more insight into how much you can pursue for your child’s birth injury.
Why Isn’t There an Average Birth Injury Settlement?
There isn’t an average birth injury settlement because:
- Many lawyers resolve birth injury cases through negotiations. The outcomes of many insurance settlements are confidential––only between the liable party and the injured party.
- Birth injuries vary from one to the next. As noted, all birth injuries are different. Some conditions require a lifetime of care, while others can be resolved through regular doctors’ appointments.
- There is no centralized database. If you type in, “What is the average birth injury settlement?” into Google, you won’t find a database or list of numbers. No organization keeps track of birth injury settlements, either. Even if they did, they wouldn’t have access to confidential settlements, skewing their numbers.
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Your Birth Injury Settlement Depends on These Things
Insurers will often consider the following factors when assessing your claim:
- The severity of your child’s condition
- The cost of your child’s healthcare expenses
- Your child’s expected recovery period
- Your economic damages, including your lost income
- Your child’s mental health
The Nature of Your Child’s Condition
Birth injuries affect each child differently. Some children require around-the-clock care. Others can recover with physical therapy and regular doctor’s appointments.
Your child’s condition plays a major role in how much you can recover for your losses. Per “Birth Trauma,” examples of birth injuries include:
- Brain injury
- Bacterial meningitis/GBS positive
- Meconium aspiration
- Head trauma
- Caput succedaneum
- Skull fractures
- Necrotizing enterocolitis (NEC) from baby formula
- Cerebral palsy
- Fractured collarbones
- Shoulder dystocia
- Spinal cord injuries
- Erb’s palsy
- Brain bleeds
- Hypoxic-ischemic encephalopathy (HIE)/oxygen deprivation
Your child might have suffered another condition not listed here.
Your Child’s Necessary Medical Treatments
After suffering a birth injury, your child might need:
- Rehabilitative care
- Assistive devices, such as wheelchairs
- Specialists’ appointments
Each of these things can contribute to your injury-related losses. When you partner with a lawyer from our firm, we will seek the full cost of your expenses.
Your Child’s Expected Recovery Period
As noted, every birth injury is different. For instance, if your child suffered Erb’s palsy, with treatment, they could make a full recovery. Yet, if your child lives with cerebral palsy, they might require a lifetime of care.
Each of these things can contribute to what you can recover from the liable party.
Your Financial Damages
You might have had to take time from work to care for your newborn. You might be incurring thousands of dollars in medical bills and other associated expenses. You can pursue each of your financial losses, including:
- Healthcare expenses
- Lost income and other job-related benefits
- Childcare costs
- In-home nursing
- In-home modifications, such as widened doorways and wheelchair ramps
Your Child’s Mental Health
Your child might develop anxiety or depression as they age. The hardship of living with a mental illness is compensable. Compensation could account for therapy, medications, and other necessary services.
The Following Information can Support Your Case
You reasonably want to recover the full cost of your losses. When negotiating with the insurer or presenting your case in court, it helps to have:
- Your child’s treatment plan
- Testimony from your child’s pediatrician
- Your child’s injury-related invoices, billing statements, and receipts
- Estimates, such as for in-home modifications
It also helps to have a lawyer from our team evaluate your case. After considering your circumstances, we can fight for a fair settlement offer.
Why Partner With Our Lawyers?
Our law firm has decades of experience advocating for injured people. Reasons to consider partnering with our firm include:
We Manage Birth Injury Cases on a Contingency-Fee Basis
With our team, you don’t have to worry about affording a lawyer. We work on contingency. This means:
- You only pay our attorney’s fees if we recover compensation for your losses.
- You pay nothing out of pocket or up front.
- Our attorney’s fees come from the funds we secure for you.
We Can Manage Everything Your Case Requires
Right now, we want you to spend time with your baby and celebrate their milestones. Leave your legal matters to us. To advance your case, we will:
- Investigate your child’s birth injury
- Interview witnesses
- File a medical malpractice claim
- Handle all insurance negotiations
- Communicate with the involved parties
- File your civil lawsuit
You can trust our team to abide by your case’s statutory deadlines.
Complete a Free Case Evaluation form now