Having a child suffer severe injuries before,
during, or after birth is one of the most devastating things any parent can go
through. If your child is a victim and you can establish that their injury was
caused by the facility or any healthcare professional that was involved in the
child’s birth, then you could seek compensation. The amount of the compensation
will depend on multiple factors and the main purpose is to help the parents
deal with the consequences and additional care the child may need now and
possibly throughout their lives. Let’s take a closer look at how childbirth
injury settlements are calculated.
One of the things that you have to understand
about childbirth injury cases is that they can be very complex. So many parties
could be held responsible, and there are so many different circumstances
surrounding these cases that it makes it almost impossible to predict
perfectly.
As a general rule, a lawyer will calculate the
amount you can expect to make based on a simple formula. They will take the
average probable median settlement for your type of case and divide it by your
chances of winning. So, if the average probable median is two million
dollars and they estimate that the case has a 50% chance of succeeding at
trial the estimated settlement should be around one million.
There are so many things that can affect how
much you can expect to get, however, and you must know them. The severity of
the injuries, the level of negligence involved, and the nature of the injury
will all affect the settlement. If the injury is severe, for instance, or will
require care for the rest of the child’s life, then you can expect to get a
much bigger settlement.
Costs directly or indirectly related to the
child’s injury will also need to be accounted for. If you can demonstrate that
you will be losing income caring for the child and how much you will lose, then
you should be able to be compensated for that. You should also get compensation for any medication the child may
need or any medical device they might need now or in the future.
Working with a lawyer who has experience
working on these kinds of cases is extremely important as these cases can get
very murky. A good lawyer will be able to sit down with you and help you gather
the evidence needed to build your case. They’ll also make sure that all parties
responsible are held accountable and will be able to tell if going to court or
going for a settlement would be the best idea. If you’re looking for a great
team of childbirth injury lawyers, visit this link.
Childbirth injury
cases can be very difficult for parents, but you can at least rest assured that
you will get compensation if you do the right thing. It all starts with working
with a lawyer that will have your best interests in mind and turn every stone
until you get the compensation that you deserve and need.