It is certain that no amount of money can compensate for the suffering and mental agony
suffered by the mother and child in a case of birth injury. If it is a case of medical negligence
a birth injury attorney can get you a compensation from the medical facility. Your expenses
in taking care of the child and other related expenses are going to be high and you need
money to meet all these expenses.
How Much Compensation Can You Get?
At the outset, no lawyer can really tell you how much compensation you will get. There are
so many factors that this will depend on. However, there are certain guidelines on which the
compensation is calculated. Certain law firms will appoint experts like a life care expert and
an economist to calculate the amount that will be needed for the care of the child.
Past verdicts cannot be a way to calculate the compensation awarded. But those could be used
to take as an indication of how much you can get for your child’s condition. These can be
used by you to be prepared when you meet your lawyer.
The jury usually sees if there is a negligence from the side of the doctor by way of breaching
the standard of care and whether it is this breach that caused the injury.
The jury uses a very simple formula to calculate the compensation. The compensation is
calculated by adding up the past medical expenses with the future expenses and the non-
economic damages. Except for the non-economic damages, the others can be calculated
For the past expenses, there are the bills. For the future medical expenses, the child’s doctor
and other experts will sit and arrive at a figure based on what treatment the child will require
and care that must be given for its lifetime. The experts will tell the jury the child’s expected
life. They will also provide the current costs of such care, based on which the jury will
calculate the future expenses.
The non-economic damages include the pain, suffering, mental agony, disfigurement,
humiliation etc. There is no real way to calculate the amount of these. Some states have
restricted the amount. But in other states, the jury will decide what is the fair compensation
that can be awarded.
The above are things to be considered when calculating the compensation that a birth injury
attorney can get for you.