Birth injuries are a devastating experience. An infant may suffer a medical injury that impacts their development and health forever. Part of what makes birth injuries so tragic is that they are often preventable with better medical care. Medical challenges like cerebral palsy can begin with negligent care standards.
Birth injuries may result in a lifetime of challenges for the affected child. The child may have more medical expenses, a diminished earning potential and many lifestyle compromises ahead of them. When there is a clear connection between the health care provided to the mother or child and a birth injury, families may have the ability to take legal action.
Juries are often sympathetic to families dealing with birth injuries and rulings awarding millions of dollars in damages may be possible. Health care providers and their insurance companies are often eager to settle such claims to keep them out of court. What can families who settle birth injury lawsuits expect?
Settlements can offer reasonable support
A settlement occurs outside of court, keeping outside expenses and delays to a minimum. Settlements can benefit families by providing them with compensation quickly. They are beneficial for medical professionals because they limit the exposure of a trial and the uncertainty of how a jury may rule.
No two birth injury settlements are the same because every birth injury scenario is unique. From the nature of the injury to the impact it has on the child and the earning potential of the parents, there are many unique factors that influence the overall value of a birth injury claim. Settlements often balance the maximum compensation likely should the case go to court and the available insurance coverage for the healthcare facility or medical professional involved.
Families need to calculate the lifetime medical expenses generated by the birth injury. Those costs can be significant. A child with cerebral palsy typically has 10 times the medical care costs of a child without the condition. They may also need to look at factors such as housing and vehicle modifications for accessibility.
Settlements can easily reach six or seven figures in serious birth injury cases, provided that the circumstances warrant that degree of compensation. The reality is that there is no typical or average settlement because of the unique factors that play in every case.
Those filing a birth injury lawsuit may need to balance the need for expedient resolution with optimal compensation when deciding whether to settle or take the matter to trial.