How Can a Lawsuit Help with Regard to a Birth Injury?

Birth Injury Lawyer

Birth injury lawyerAccording to a Missouri birth injury lawyer, if your child suffered a birth injury immediately preceding, during, or immediately after his or her birth, you know how such a devastating event can turn your family’s life upside down. You also know that it can result in enormous medical costs (and other fees) that you never anticipated having to pay. What to do?

Your wisest course of action is to seek the advice, counsel, and representation of a local personal injury lawyer experienced in handling medical malpractice cases, especially those involving birth injuries. He or she can help you determine who, if anyone, you can sue by reviewing the facts and circumstances surrounding your child’s injury, as evidenced by your and your baby’s medical records.

As a birth injury lawyer in Kansas City, MO from a firm like Royce Injury Attorneys LLC can explain, the right attorney can also likely calculate the types and amounts of damages you can expect to recover if you win your lawsuit.

Economic Damages

Economic damages, sometimes called special or actual damages depending on the state in which you live, fall within the compensatory damages category. They represent your out-of-pocket expenses attributable to your child’s birth injury and include such things as the following:

  • Your child’s past and future medical costs for surgeries, treatments, medications, physical therapy, and medical devices, plus the cost of follow-up doctor’s appointments
  • His or her past and future disability costs for in-home nursing care or modifications to your vehicles
  • His or her past and future speech therapy, behavioral therapy, and special education
  • Your own past and future lost wages while caring for your child, up to and including how much you will lose if you have to quit your job to stay home and care for him or her
  • Your court costs and legal fees associated with bringing and pursuing your birth injury lawsuit

Noneconomic Damages

Noneconomic damages, also called general damages, are the second prong of compensatory damages. These are damages paid to compensate your child for his or her more subjective injuries, such as the following:

  • Physical pain and suffering
  • Emotional pain, distress, and anguish
  • Psychological trauma
  • Decreased quality of life
  • Decreased enjoyment of life

Punitive Damages

In rare cases, you may also recover punitive damages after the injury. This is an award to punish the defendant. Punitive damages require egregious behavior or reckless disregard of and for your child.

Bottom Line

There is no amount of money that can make up for your child’s injuries. But winning a birth injury lawsuit can relieve you of the costs associated with it. In addition, it may give you a feeling of justice served.

Special thanks to Royce Injury Attorneys, LLC for their insights on birth injury litigation. You may also be interested in wrongful death claims for unborn children.