How Much Compensation Can You Claim in a Birth Injury Lawsuit?

Almost 30,000 babies are born with a birth injury every year. While injuries during birth aren’t rare and can be healed within a few days to weeks, others are easily preventable and can cause long-term damage. Likewise, a poor decision made by a medical professional could cause a birth injury that will take time and money to treat. If you are devastated by the injury of your child and overwhelmed by mounting medical bills, you might be able to sue the negligent party for compensation.

Birth injury lawsuits can be filed against a healthcare provider or hospital that acted negligently or failed to provide you the care you were due. Compensation for such negligence is usually divided into economic and noneconomic damages.

Economic damages refer to being reimbursed for medical costs, physical and occupational therapy costs, lost wages, and any other financial losses related to the baby’s birth injuries. Noneconomic damages, on the other hand, are usually intended to compensate people for pain and suffering, mental anguish, and other unquantifiable losses not considered economic.

Since each case is different, there is no set amount for how much compensation you could expect in a birth injury case. Rather, for the economic damages, you might be able to expect compensation for some of the following:

  • Home accommodations
  • Counseling and special education costs
  • Medications, doctor and hospital visits, and any other treatments associated with your child’s injury

In terms of noneconomic damages, you might expect to receive compensation for pain and suffering. However, in California, there is a limit to how much in noneconomic damages you can receive in medical malpractice suits. Since 1975, there has been a statutory limit on the maximum amount you can recover in noneconomic damages for inconvenience, emotional distress, disfigurement, and pain and suffering. That limit is $250,000. However, an injured child is entitled to seek compensation for lost earnings, pension benefits, and fringe benefits that will result because of a lifetime disability.

If your child was injured by the negligence or carelessness of a medical professional, let us assist. Habbas & Associates has more than 175 years of combined legal experience, and our attorneys are dedicated to helping the victims of medical malpractice seek compensation for their injuries. Let our skilled San Jose birth injury lawyers take a look at your case and offer compassionate guidance and skilled legal advocacy.

Contact us at (888) 387-4053 or fill out our online form to schedule a free case consultation with us today.

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