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How Is Compensation Calculated in a Birth Injury Lawsuit?

View of baby's feet with blanket

Giving birth is a beautiful process where you hope for everything to go smoothly so that you can return home with your healthy baby. No matter how much you plan and how prepared you and your birthing team are, they can still make mistakes that lead to you or your baby getting injured.

Not only can birth injuries cause damage to your body and finances for the rest of your life, but they could also cause your baby to have permanent damages that they otherwise wouldn’t have had if the doctor or nurse hadn’t made the error. That’s why you deserve to be compensated for the harm your family suffered.

Let’s take a look at the types of damages you can recover in compensation from a birth injury lawsuit.

Damages in Birth Injury Claims

After you or your child suffer from an injury before, during, or after childbirth, you likely will want to recover compensation for what you’ve experienced. You shouldn’t be responsible for the costs that you incur for birth injuries, and you also should recover financially for the emotional damages that you’ll suffer when the injury will affect the rest of your or your child’s life.

Here are the different ways that your compensation is calculated from your birth injuries:

  • Economic Damages. These damages are the physical costs that you incurred from the harm caused by birth. Your attorney will use your current medical bills, future costs of care, medical equipment costs, lost wages, and future loss of earnings to calculate what you’re owed for economic damages. Depending on the injuries, these might also cover costs of nursing aides and special education costs.
  • Noneconomic Damages. These damages are for the more abstract costs that you suffered. Your lawyer will look at pain and suffering and loss of enjoyment of life and calculate how much you’re owed.
  • Punitive Damages. Punitive damages exist so that you can punish the doctor, nurse, or hospital responsible for what happened to you and help ensure that it doesn’t happen to anyone else. These are rare in a birth injury claim, but can be recovered if gross negligence was involved and the actions were malicious and intentional.

Your attorney will look at all of these different types of damages and calculate what full and fair compensation would be for what you’ve gone through. The other party or insurance company might try to get you to settle for less, but that’s where your attorney will help you. They’ll use their calculations to ensure that you don’t settle for any less than you deserve in all of your damages put together.

Who Owes You Compensation?

Now that you know the types of damages that go into the calculations for what you’re owed after a birth injury, you should know who you can hold accountable for what happened to you. Many different things can lead to you or your baby being hurt at birth, which is why there are many different parties that you can hold accountable for the mistakes they make that cause your injuries.

The different parties that you might end up filing a birth injury claim against are:

  • Insurance companies
  • Hospitals
  • Healthcare providers
  • Doctors
  • Nurses
  • Other hospital staff

Each case is different, which is why you might have a claim against one or more of these entities for your birth injury. Many different people along the way could have made a mistake that led to your injury or your child’s injury, and you should hold them accountable for what they’ve done to cause you harm. That’s why having a lawyer on your side will help—they’ll determine who was liable and how much you can recover from them for their malpractice.

Madia Newville LLC Is Here for You

You shouldn’t have to go through a birth injury and its aftermath alone. Whether it was you who was injured from birth, or it was your baby, you can recover compensation so that you don’t have to financially worry about what happened to your family. Birth is a beautiful process and when it goes wrong because of someone’s negligence, it can be catastrophic.

A Minneapolis birth injury lawyer from Madia Newville LLC can help you get what you deserve in compensation. We’ll fully investigate what happened so that we can get to the bottom of your claim. Reach out to us today so we can start working for you right away.