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How a Birth Injury Claim Works If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. The amount you receive is contingent upon a variety of variables. birth injury law firm savannah starts by your attorney submitting an complaint against the defendants. Both sides will participate in discovery, where they share information and evidence, including medical records. Medical expenses Medical costs associated with a birth injury can vary in a significant way based on the nature of your child's injuries. For instance, broken bones may require surgery to fix them and could result in costly physical therapy over the long term. In the same way, nerve damage triggered by manual pressure or rough handling during birth can cause long-term pain and limitations. Your lawyer will analyze the medical needs of your child and determine estimated lifetime costs of treatment to ensure enough compensation to cover them. You will need to establish that the healthcare professional was owed a duty, that they breached this duty and that their breach caused the injury to your child. It is typically recommended that medical experts review the case and provide their opinion basing on their previous experience. Depending on the circumstances you might be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor that delivered your baby, the staff members and the hospital in which the birth occurred. Your legal team will contact each of them to inform them that a claim for medical malpractice has been filed. They can resolve the issue without having to file a lawsuit. Pain and suffering A birth injury lawsuit may result in a compensation claim for physical and emotional injuries suffered by a child. The amount of compensation families receive is determined by the severity of the injury and its impact on the child's life. To prevail parents must prove that an medical professional or institution was not acting in accordance with the standards of care. This means that the physician or hospital did not act with skill or judgement in an instance in which their actions or inactions caused a medical injury. Medical experts are often involved by both sides to define this standard. Obstetricians, for instance, are held to higher standards than generalist physicians. Most birth injury cases are settled prior to going to trial. Trials can be risky, expensive and lengthy. Settlements enable families to receive financial assistance sooner and in a more amiable way. Settlements guarantee that the future needs of children are met. This could include the cost of a wheelchair van as well as home modifications, special equipment, and regular medical treatment. Punitive damages Punitive damages are among the most severe awards that a jury may make in the case of a birth injury. They are often awarded to punish the wrongdoer and to deter others from doing similar offenses. These awards are also designed to ensure that victims feel their case has been taken seriously. A New York City personal injuries lawyer can help you determine the value of your claim, which includes non-economic damages. They may also make a claim for punitive damages as long as they are legal. Punitive damages are based on the defendant's conduct and a finding of moral indecency. They are usually four times more than other damages given. A lawyer can win you a substantial amount to help pay for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma and other losses that are not financial. Some states put caps on the amount of compensation a victim may receive. Virginia is one of them. It restricts damages to the cost of treatment up to the victim's tenth birthday. Other states limit damages for pain and suffering and other kinds of damages. Damages for non-economic damages In most cases, the injuries of a child require ongoing care. This includes medical treatment therapies, as well as other costs. This could include the possibility of losing future wages if the injury interferes with the child's capacity to work and earn money. This is referred to as loss of consortium. Your lawyer will assist in calculating the cost of your child's injuries, which includes economic damages as well as. They will work with expert witnesses to construct a convincing case that demonstrates the severity of your child's injuries as well as their effects on their life. They will also use expert witness testimony to prove the doctor's violation of duty of care. They may also request access to your child’s medical records. These are critical to your case. These documents are important to obtain as soon as possible if you suspect a birth trauma. They can be lost, misplaced or destroyed. Your attorney can help you in obtaining these documents as soon as possible. Damages for economic damage A birth injury can result in a number of expenses that might not be apparent immediately. These expenses can include medical bills that have already been incurred, along with projected expenses for future therapy, in-home care, institutional treatment, medications, adaptive equipment, as well as transport to and from doctor and therapist appointments. A severe disability can also make it difficult for an individual to earn a living. This can also cause a ripple effect on the finances of a family. A parent might have to quit their job, or even quit their job completely to take care of an ailing child, which can lead to loss of income. Parents who file a claim for birth injury must keep track of these costs and losses in order to determine the highest amount they could be awarded. If a court or jury awards damages, it takes into consideration the needs of the victim for the rest of their life. The more precise the estimation of future medical costs and losses, the higher the award amount will be. Non-economic damages can also be awarded although they are more difficult to quantify. These include emotional distress, suffering loss of quality of life, and loss of consortium.