How Many Damages Can You Claim in a Birth Injury Lawsuit?

A child born with a birth injury will very likely require extensive medical care immediately after birth, as well as rehabilitation for years or the rest of their life. It is not uncommon for parents to fall into significant debt while trying to pay for all of the necessary treatments, even when only considering those pertaining to immediate care. There may be some hope of financial support through a birth injury lawsuit, though.

Habbas & Associates fights for the rights of parents and injured children by helping them file birth injury claims and standing up for them in court, if need be. It will be our goal to get you absolutely as much compensation as possible. Just how much compensation can you receive? It all depends on the damages you can pursue and win.

Damages that may be pertinent to your birth injury case include but are not limited to:

• Initial medical treatments: If your child’s birth injuries occurred during delivery at a hospital or clinic, then any and all bills related to that care should be covered by the liable party. Sometimes birth injuries occur due to an obstetrician’s error, meaning it happened well before birth. In such cases, the cost of obstetrician care should also be covered.
• Rehabilitation sessions: Many successful birth injury claim compensation amounts range beyond seven-figures due to the fact that rehabilitative care for a child born with an injury may last a lifetime. You deserve to have all rehabilitative treatments, no matter their number, paid for by the liable party.
• Lost wages or in-home care: If you must stay home with your child around the clock to ensure they are comfortable and safe, you might be able to cite lost wages as a damage in your birth injury claim, seeing as how you will be unable to maintain gainful employment. The other option is hiring an in-home care nurse or nanny to watch your child. In this situation, your damages should include enough money to hire a full-time caregiver.
• Special education courses: Some children born with a birth injury will have lifetime difficulty with gaining or using their cognitive abilities. This can result in the necessity of attending a special school or educational courses. Compensation should include related costs.
• Lessened enjoyment of life: You and your child will go through hardship due to their birth injury. This lessened enjoyment of life can be translated into compensation, akin to receiving nominal damages for the emotional trauma suffered in a serious accident.

Your own birth injury case may include just one of the aforementioned damage types, or it could include them all and many more unlisted. It is important to realize that no two birth injury claims and lawsuits are identical. Allow our San Jose birth injury attorneys to handle your claim on your behalf and figure out what damages apply, and in what amounts. You will find confidence in knowing that we have been helping families in need for 175+ combined years of experience.

Want to know more? Contact our firm today to find a location near you and schedule a free initial consultation.