Types of Compensation in a Birth Injury Claim | Colombo Law

Children who suffer birth-related trauma may struggle for years, decades, or even a lifetime with the impact of their injuries. If the birth injury was caused by the negligent actions of a medical professional – such as a doctor, nurse, anesthesiologist, or other care provider – families have the right to pursue compensation for the economic and non-economic damages caused by that negligence.

Given the long-term challenges children with birth injuries often face, the compensation in a birth injury claim may be substantial. However, accurately calculating the full extent of damages can be complicated. It is crucial for your claim to account for all of the current and future losses you and your family may face. After all, you only have one chance to recover the compensation you deserve.

If you suspect your child was injured in the early stages of life by the negligence of a medical professional, it is important to speak to an experienced attorney as soon as possible. The birth injury lawyers at Colombo Law can review your case for free and advise you of your options for recovering damages.

Medical Expenses

The immediate financial pressure that most parents of children injured at birth face is medical bills. Short-term and long-term, specialty diagnosis, treatment, and therapies are not cheap.

Your child may require medication and medical devices for the rest of his or her life, along with regular doctor visits and therapy. These bills add up, but it can be difficult to know how much they will cost exactly in the long run. A birth injury lawyer can help answer this question by thoroughly evaluating the bills you receive, as well as enlisting experts to testify as to the lifetime costs associated with your child’s injury or condition.

Out-of-Pocket Costs

Many birth injuries result in additional expenses beyond medical bills. For example, if your child suffers from paralysis or cerebral palsy, you will likely need to purchase multiple wheelchairs and other assistive devices over the course of his or her life. You may also need to make costly modifications to your home or vehicle to accommodate your child’s mobility issues.

Other expenditures – such as special education programs, travel to and from appointments with doctors and therapists, etc. – can also add up quickly. If the negligence of a medical professional resulted in the birth injury and led to these economic losses, you may be entitled to compensation.

Pain and Suffering

So far we have covered the economic damages for which you may be able to recover compensation in a birth injury claim. However, you may also be able to pursue compensation for the non-economic losses your child experiences.

These are frequently referred to as “pain and suffering” damages, and they are designed to compensate victims for the emotional and psychological impact of an injury.

Some birth injuries, such as cerebral palsy, can lead to long-term, chronic pain. Children may also be unable to enjoy life as they otherwise would have due to the pain and impairment associated with their injuries.

While the justice of recovering damages for these losses is clear, it can be challenging to know how much you and your family deserve in compensation. Nothing, of course, can make up for the struggles your child will face, but working with an attorney who understands how to fight for maximum compensation for you and your loved ones can make the journey easier.

Loss of Consortium

One of the most difficult aspects of a birth injury is not being able to have a normal relationship with your child. Under the law, parents may be able recover compensation for such an emotional impact through damages known broadly as “loss of consortium.”

Loss of consortium refers to the adverse effect an injury has on the ability for family members (parents to a disabled child, in this case) to enjoy the full extent of the familial relationship. This includes the loss of companionship, affection, and other adverse effects on the parent-child bond.

Again, no amount of money can make this pain go away. But recovering compensation for your pain and suffering is an important part of reclaiming your life and the lives of your loved ones.

Contact a Birth Injury Lawyer Today

Medical professionals must complete years of advanced education and training to provide the proper care for their patients. Negligence on the part of a medical professional can have a devastating impact on patients and their families, especially when the error occurs at such an important moment as the birth of a child.

Birth injuries have enormous effects on children and their families. The financial challenges are compounded by a wide range of emotional issues that create many hardships. You and your family may be entitled to compensation for the damages you sustain as a result of a birth injury, but it is important to seek knowledgeable legal counsel as soon as possible.

For more than 20 years, Colombo Law has been fighting for the rights of injured people. We are committed to pursuing the full compensation you and your loved ones deserve while providing responsive and compassionate legal service throughout the course of your case.

Please call Colombo Law at (304) 599-4229 today for a free consultation. Our birth injury lawyers serve families in Morgantown and throughout West Virginia.


by Colombo Law
Published on