Birth injuries can have a devastating impact on the parents, child, and even the entire family. Filing a lawsuit to seek adequate compensation for harm to the baby either before, during, and after birth could result in a substantial settlement. The purpose of a birth injury settlement is to provide enough compensation to the parents to help them take care of their child’s additional needs as a result of the birth injury. This could mean having to care for them well into adulthood depending on the severity of the injuries.
If you or any of your loved ones have experienced the devastation of birth injury, it makes sense for you to file a lawsuit. However, you may have some questions all of which can be answered by an experienced birth injury lawyer in Knoxville.
Birth Injury Settlement Amount
It is important to remember that every birth injury case is unique and different from any other. There is a myriad of factors that need to be taken into consideration. These factors would vary from one case to another. Here are some of the factors on which the settlement amount awarded may depend.
- Medical negligence - The extent and existence of medical negligence from the healthcare professional.
- The extent of injuries - The severity of injuries to the baby and the expected recovery time. These include whether the injury will last for a lifetime or not, conditions like brain damage, paraplegia, brain ischemia, and others.
- Medical treatment required - Type and cost of medical and healthcare treatment required over the lifetime. This may include both past and future medical care. In case of severe birth injuries, the price may even cross $100 million.
- Prescription drugs and assistive devices - This includes the prescription drugs mentioned by the doctor and any medical equipment or assistive devices needed for a lifetime.
- Nature of injuries - The nature of injuries to the baby and the permanency also directly impact the potential settlement amount. If the birth injury is a permanent one and is likely to affect the baby throughout their life, the settlement amount will be more than one awarded for a short-term injury.
- Loss of income - Any wages lost for not being able to attend work due to the birth injury.
- Financial hardships - Financial stress is caused to the parents and family members when taking care of the child.
- Educational and other expenses - These include the child’s educational expenses along with housing, transportation, supervision, monitoring, and other costs.
- Testimony from a doctor - If testimony from a life care planner or doctor can prove that the baby will suffer from developmental problems moving ahead, the claim settlement would be higher.
- Laws in the state - There is a capping on the medical malpractice damages that can be claimed, which varies from one state to another.
- Ability to prove the negligence - For the settlement amount, it is necessary that the medical negligence or malpractice can be proved according to the actual definition of medical malpractice.
The average settlement value is usually calculated based on two key factors. These include:
- Most probable average (median) judgment
- Probability of success of the trial
If you want to file a birth injury lawsuit or claim settlement, it is best to approach experienced lawyers and attorneys specializing in these types of settlements. They will personally evaluate your child’s case and let you know the chances of getting a settlement.
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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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