How to Secure Compensation After a Preventable Birth Injury
When medical negligence leads to a preventable birth injury, the emotional and financial toll on parents can be overwhelming. Your child’s well-being and future care become your top priorities, but you may also find yourself burdened by mounting medical bills and unanswered questions about how this could have happened. At ABC Law Centers, we understand the struggles you are facing. Our goal is to help families like yours secure the financial compensation needed to ensure your child can receive a lifetime of care and support.
While no amount of money can undo the pain caused by a birth injury, a settlement or verdict can hold negligent parties accountable and provide stability as you face an uncertain future. Below, we’ve outlined how damages are determined in birth injury cases, what factors influence compensation, and how these funds can be structured to protect your child’s needs.
Understanding Financial Recovery In Birth Injury Lawsuits
Securing compensation in a birth injury lawsuit requires a careful evaluation of the circumstances surrounding your child’s injuries. Each case is different, and the funds recovered will depend on the specific details of medical negligence, the severity of the injury, and the care your child will need moving forward.
Settlement funds are intended to cover a wide range of expenses, including medical costs, therapy, specialized equipment, and long-term care. These funds can also account for the emotional and financial impact on your family.
What Damages Are Covered In A Birth Injury Lawsuit?
Birth injury lawsuits aim to provide compensation for the following types of damages:
- Medical Expenses – Covers the cost of past, current, and future medical care, including surgeries, medication, physical therapy, and more.
- 24-Hour Attendant Lifetime Care – For severely birth-injured children who will need attendant care for the rest of their lives.
- Specialized Care Costs – Addresses ongoing needs for assistive technologies, caregiving, and in some cases, home modifications to accommodate medical equipment.
- Therapy and Rehabilitation – Includes physical, speech, and occupational therapy designed to help your child reach their full potential.
- Pain and Suffering – Acknowledges the emotional distress, hardship, and diminished quality of life caused by the birth injury.
- Loss of Earning Capacity – If your child’s ability to work in adulthood is reduced, these damages consider the future loss of income and independence.
- Other Related Expenses – This can include transportation for medical appointments, respite care for parents, and other necessary costs.
Each case is unique, which is why it’s essential to work with attorneys who can carefully evaluate your family’s needs and advocate for full compensation. We take pride in working closely with life care planners, economists, and medical experts to paint an accurate picture of all current and future expenses.
Factors That Can Influence Settlement Or Verdict Amounts
Birth injury settlements and verdicts are not one-size-fits-all. Many families are unsure what to expect in terms of financial recovery, as the numbers can vary greatly based on individual circumstances. Below, we’ve outlined the key factors that determine the amount of compensation you may receive.
Severity Of Injury And Long-Term Needs
The nature and extent of your child’s injury play a central role in determining the overall value of a case. For example, a child with cerebral palsy caused by medical negligence may require extensive care, specialized therapies, and surgeries throughout their lifetime. These needs will be calculated into the settlement to help ensure adequate resources for that care.
Available Insurance Coverage
The amount available through the defendant’s malpractice insurance can impact the settlement. Our team works tirelessly to identify all possible sources of compensation, ensuring that no opportunity to secure funds is overlooked.
State Laws And Caps On Damages
Each state has its own laws regulating medical malpractice claims, including potential caps on non-economic damages (like pain and suffering). We guide families through the legal landscape of their particular state, ensuring adherence to these rules while maximizing compensation.
Medical Liens And Expenses
If your child gets medical care because of a care provider’s negligence, the expenses insurance paid for that care must be paid back out of any recovery from a lawsuit. There are federal and state laws that allow medical insurers to place a lien on any medical malpractice case where they have paid for care that was provided as a result of negligence. At ABC Law Centers, we help families manage outstanding liens while advocating for their financial future.
Attorney Fees And Care Costs
Attorney fees are one of the easier sums to calculate, because they are always clearly spelled out in the retainer agreements that the client receives when they first decide to hire a lawyer. These fees are usually phrased in terms of a total percentage of the recovery and the custom and rules applying in a given state.
Our firm operates on a contingency fee basis, meaning you owe us no fees unless we secure compensation in your case. Additionally, we cover all upfront costs during the litigation process, so you do not have to pay out of pocket. We only get these costs reimbursed back if we make a recovery in your case. This means that you never pay up-front out-of-pocket for any expenses.
Preserving Your Child’s Future
Because a child with a birth injury may need specialized care and governmental assistance throughout their life, the funds received from a settlement or verdict can be structured in a way that doesn’t jeopardize the benefits they might receive.
Your attorneys will work with a life care planner and economist to figure out what your child’s needs will be, and the funds may be put into a trust that supplements any existing benefits, such as Medicaid and social security funds (among others). Any recovery must be structured to provide for your child’s future care, and therefore, must be carefully managed so they last for the entirety of your child’s life.
If your child is receiving any government or public benefits, ask an attorney how your child’s future will be secured after any recovery from a lawsuit.
Structured Settlements And Annuities
A structured settlement or annuity spreads payments out over time, providing your family with regular income to cover ongoing expenses. This option helps families avoid the risks of mismanaging large lump sum payments while ensuring predictable and consistent support for your child’s needs. The opposite of using an annuity would be a lump sum.
Special Needs Trusts
A special needs trust is serves two purposes:
- It allows a family to continue to receive government benefits after a settlement
- It helps to ensure that the money is properly and conservatively invested to allow it to grow for your child’s care
Special needs trusts are often beneficial for your child because they allow continuing benefits like Supplemental Security Income (SSI) or Medicaid while having money available to cover expenses that the government benefits don’t cover.
The funds in a special needs trust are overseen and disbursed by the trustee. The trustee typically also must make periodic accountings to the court to ensure that the trust funds are being appropriately managed.
Life Care Planning
Life care planners work with attorneys to account for every aspect of your child’s future, from medical equipment to therapy to anticipated living expenses as they age. With a well-structured life care plan, families understand how settlement funds will be used to ensure long-term security.
Transparent And Compassionate Advocacy From ABC Law Centers
At ABC Law Centers, we believe transparency is an important part of the attorney-client relationship. We never inflate settlement amounts or hide details about how funds are distributed. Instead, we commit to providing families with a clear understanding of how their financial recovery will be structured.
On our website, you’ll find not just the gross settlement or verdict amounts we secure for our clients, but also the net values after medical liens, attorney fees, and other expenses are accounted for. This level of honesty reflects our dedication to earning your trust and serving as your advocate every step of the way.
How ABC Law Centers Can Help You
The road ahead may feel overwhelming, but you don’t have to face it alone. Our compassionate legal team can support you through every step of the legal process, from gathering evidence of medical negligence to negotiating with insurers and presenting your case at trial if necessary.
We understand how deeply personal and emotional this process is for families. That’s why we provide not only legal guidance, but also a human connection. From our in-house registered nursing staff, who offer medical insights, to our highly experienced attorneys, who fight tirelessly on your behalf, our entire team is dedicated to securing justice for your family.
Contact Us For A Free And Confidential Consultation
If your child has suffered a birth injury, you deserve answers and accountability. At ABC Law Centers, we bring an empathetic and personalized approach to every case, ensuring that your family’s unique needs are met.
We operate on a contingency fee basis, which means you face no financial risk in pursuing justice for your child. Our firm also covers all upfront costs associated with preparing and litigating your case so you can focus entirely on your family.
Contact us today at (248) 593-5100 or through our online form for a free, confidential consultation. Together, we can take the next step toward securing the compensation and care your child deserves. Call us or submit a form to speak with a dedicated birth injury attorney who is ready to listen, guide, and advocate for you.