Last Updated on October 31, 2024 by Michelle Wan

When a birth injury impacts a family, it often brings unexpected emotional and financial challenges. For parents, the journey to support their child’s health and future needs can feel overwhelming, especially if lifelong care is necessary. Birth injury compensation is meant to help ease that burden by covering the costs associated with medical treatment, therapy, assistive equipment, and more. However, calculating compensation is complex, as it considers both current and future needs to ensure ongoing support.

This guide explains the critical components of birth injury compensation, the factors influencing the amount, and how experienced legal support can help families secure the necessary funds.

Types of Damages in Birth Injury Cases

Birth injury compensation typically includes several damages, each calculated to cover a specific aspect of the family’s financial burden. These damages fall into three main categories: economic, non-economic, and, in rare cases, punitive.

1. Economic Damages
   These damages cover tangible, out-of-pocket costs related to the child’s medical needs. They are calculated based on both current expenses and anticipated future costs.
   • Medical Expenses: This includes immediate hospital bills, ongoing treatments, surgeries, medications, and specialized care. Compensation takes into account future medical needs related to birth-related injury, which are often estimated with input from healthcare professionals.
   • Rehabilitation and Therapy Costs: Many birth injuries require long-term rehabilitation, including physical, occupational, and speech therapies. These therapies are crucial for supporting the child’s development and improving quality of life.
   • Assistive Equipment and Home Modifications: Children with birth injuries may need wheelchairs, communication devices, or home modifications like ramps and wider doorways. These costs are factored into the compensation to ensure accessibility and safety at home, especially in the context of a birth injury lawsuit settlement.
   • Lost Income for Parents or GuardiansIn cases where a parent needs to reduce work hours or leave a job to care for their child, compensation can cover the loss of income through a birth injury law firm’s representation. This is especially important for families relying on a single income due to caregiving responsibilities after a birth-related injury, which may qualify them for financial compensation programs.
2. Non-Economic Damages
   Non-economic damages cover the emotional and intangible impacts of a birth injury. These damages are more complicated to calculate but are essential in recognizing the broader toll of the injury on the child and family.
   • Pain and Suffering: These damages account for the physical pain, mental anguish, and reduced quality of life experienced by both the child and family.
   • Loss of Enjoyment of Life: This refers to the impact of the injury on the child’s ability to participate in everyday life activities and developmental milestones. It also considers the effects on family dynamics and routines.
   • Emotional Distress is often a significant factor considered in birth injury settlements. Birth injuries affect not only the child but also the emotional well-being of parents and siblings, highlighting the importance of a birth injury attorney. Anxiety, depression, and trauma can all result from the emotional and physical strain of an experienced birth injury, and compensation may include support for this toll on the family.
3. Punitive damages may be sought in a malpractice lawsuit if negligence is proven in a birth injury case.
   In rare cases, punitive damages may apply. These are awarded to penalize healthcare providers for particularly reckless or negligent behaviour. While they are uncommon, punitive damages send a strong message about the importance of accountability in medical care.

Critical Factors in Calculating Compensation

Several factors influence the total compensation amount in a birth injury case. Each family’s situation is unique, and compensation must be tailored to meet specific needs and future challenges. Here are some of the main factors that go into calculating compensation in a personal injury case:

1. The severity of the Injury is a critical factor in determining the outcome of a birth injury lawsuit.
   • The severity of the birth injury plays a significant role in compensation. Injuries such as cerebral palsy, Erb’s palsy, or brain damage often result in higher compensation through injury settlements due to the extensive care and therapy required. Compensation also considers whether the injury is expected to improve, stay the same, or worsen over time.
2. Projected Lifespan and Future Care Needs
   • Many birth injury cases involve calculating anticipated future needs based on the child’s life expectancy. Healthcare professionals and life-care planners often provide expert opinions on the necessary level of care over the child’s expected lifetime, which is crucial for determining birth-related neurological injury compensation. This may include estimated costs for surgeries, therapies, assistive devices, and personal care assistance related to the child’s birth injury, which can be detailed in a birth injury law firm’s assessment.
3. Impact on the Family’s Financial Situation can be significant, particularly in cases involving neurological injuries.
   • The financial burden on the family is a crucial factor. If a parent must reduce work hours or leave employment entirely to provide care, compensation often includes lost wages to ensure financial stability, as outlined in birth injury law. This helps families cover their daily expenses and maintain their quality of life.
4. Expert Testimonies and Assessments are crucial in establishing the extent of injuries in a medical malpractice case.
   • Legal cases often require expert testimonies from medical professionals, economists, and life-care planners. These experts assess the child’s injury, recommend necessary treatments, and calculate projected costs. Their insights provide a basis for the compensation calculation, ensuring that all aspects of the child’s future needs are covered.

The Legal Process for Determining Compensation

Understanding the steps involved in seeking and determining birth injury compensation can help families feel more prepared. Working with a knowledgeable attorney is critical to ensuring that each step is managed carefully and that families receive fair compensation.

1. Filing a Claim
   • The process begins with filing a claim, where the family works with an attorney to gather medical records, evidence, and testimonies. This step involves determining whether medical negligence contributed to the injury.
2. Engaging with Medical and Economic Experts
   • The family’s legal team engages experts to assess the child’s needs and provide a comprehensive cost estimate. These experts include life-care planners, who outline necessary future care, and economists, who help calculate the financial impact on the family in the context of birth-related neurological injury compensation.
3. Negotiations and Settlements in a birth injury lawsuit often require careful consideration of all factors involved.
   • Birth injury cases are often resolved through negotiations with insurance companies or healthcare providers, emphasizing the need for a knowledgeable birth injury attorney who understands medical malpractice lawsuits. The legal team advocates for a fair settlement considering the family’s financial and emotional needs. If a fair settlement cannot be reached, the case may go to trial, where a judge or jury will determine the compensation amount.
4. Structured Settlements and Payout Options
   • Compensation can be paid in several ways, such as a structured settlement, which provides funds over time to cover ongoing costs. Alternatively, a lump-sum payment may be awarded. The legal team will discuss options with the family, ensuring that the payout structure best supports the child’s long-term needs.

How Thomas & Wan LLP Supports Families in Pursuing Fair Compensation

At Thomas & Wan LLP, we understand that birth injury compensation is about more than just covering medical bills—it’s about securing a stable future for your child and family. With over 55 years of combined experience in birth injury cases, our attorneys are dedicated to helping families understand their rights, gather necessary documentation, and calculate fair compensation.

Here’s how Thomas & Wan LLP supports families:

• Thorough Case Investigation: We review medical records, gather evidence, and work with top experts to determine if medical negligence contributed to the injury.
• Building a solid case often requires understanding the nuances of birth injury law and the specific needs of the affected child.: Our legal team works closely with medical and economic experts to establish the full impact of the injury, ensuring that every aspect of the child’s care and the family’s needs is considered.
• Compassionate Support: Our attorneys provide clear, empathetic guidance at every step, helping families understand their options and advocating for the resources necessary to care for their children.

Calculating birth injury compensation requires a detailed understanding of current and future needs and the expertise of medical, economic, and legal professionals familiar with injury settlements. For families, securing fair compensation in a birth injury lawsuit can make all the difference in supporting a child’s quality of life and achieving long-term financial stability.

If you’re navigating the challenges of a birth injury and wondering what compensation might look like, contact Thomas & Wan LLP, experienced birth injury lawyers, for a free consultation. We’re here to answer your questions and provide guidance on securing the resources your family deserves. Call 713-529-1177 to speak with experienced attorneys dedicated to helping families across Texas.

Let us help you pursue justice and build a secure future for your child. At Thomas & Wan LLP, we’re here to stand by your side every step of the way.