How Much Are Birth Injury Lawsuits Worth?

How Much Are Birth Injury Lawsuits Worth?

You want to know how much a birth injury lawsuit is worth. The truth is, it varies. Hugely. There's no neat little price tag, no average that means anything to your specific situation.

But that doesn't mean you're in the dark. The value of a birth injury case hinges on a number of factors. These factors will help paint a picture of the rough costs for your specific case. If your child suffered an injury at birth due to medical negligence, you deserve to know what a potential lawsuit might look like. 

For a clearer picture of what compensation may involve, speak to a professional. The Cerebral Palsy Lawyer Alliance connects you with a vetted birth injury lawyer who can analyze your specific case.

Call us at (888) 894-9067.

What Really Determines a Lawsuit's Worth?

Severity and Lifelong Impact of the Injury

This is, without a doubt, the most significant factor. A birth injury that causes temporary, minor harm will result in a very different level of compensation than an injury leading to lifelong conditions like cerebral palsy or severe developmental delays.

Lawyers and courts look at:

• The nature of the injury: Is it brain damage, nerve damage (like Erb's palsy), a spinal cord injury, or something else?
• The extent of the disability: Will your child need assistance with daily activities like eating, dressing, or mobility? Will they require 24/7 care?
• The long-term prognosis: What does the future hold for your child's health and development? Will their condition improve, stabilize, or potentially worsen over time?
• Impact on life expectancy: In some tragic cases, severe birth injuries can shorten a child's life expectancy.
• Need for ongoing medical care: This includes doctor visits, specialist consultations, surgeries, medications, and therapies.

A lawyer works with medical experts to create a comprehensive life care plan, which outlines all anticipated future medical and personal care needs and their associated costs.

Economic Damages: The Tangible Costs

Economic damages are the measurable financial losses resulting from the birth injury.

Let's look at some examples of what these costs entail, keeping in mind that these are general figures and individual expenses will vary significantly.

• Medical Expenses (Past and Future): This is a major component. It covers everything from the initial hospital stay, which for a Neonatal Intensive Care Unit (NICU) can range from $3,000 to $20,000 per day depending on the level of care required and location.
  • Total NICU care costs average around $20,000, but for those needing the highest level of care, it could be about $128,000 on average. 
  • For conditions like cerebral palsy, the estimated lifetime cost of care, in addition to normal living costs, can be around $1.6 million.
  • Medical costs for children with cerebral palsy can be substantially higher—nearly ten times higher, or over $20,000—than for children without a disability. 
• Therapy and Rehabilitation Costs: Children with birth injuries often require years, sometimes a lifetime, of various therapies. Physical therapy sessions can range from $100 to $200 each, potentially totaling $5,000 to $10,000 annually for weekly or biweekly appointments.
  • For neurological conditions like cerebral palsy, sessions might cost $100 to $200 each. 
  • Occupational therapy sessions also range from $120 to $200 each, potentially exceeding $7,000 yearly. 
  • Speech therapy shows similar per-session costs.
• Assistive Devices and Equipment: The cost of assistive devices varies enormously. A study noted that the average cost per device was around $539, but individual items ranged from about $8 to over $8,000. More complex, high-technology devices like powered wheelchairs can cost from $1,000 to $10,000 or even more. An NDIS guide categorizes assistive technology as low cost (under $1,500), mid−cost ($1,500-$15,000), and high cost (over $15,000). 
• Home and Vehicle Modifications: If your child has mobility challenges, your home might need modifications like ramps (which can cost $1,000 to $5,000 per ramp) or stair chair lifts ($2,200 to $13,000). Your vehicle might need to be adapted for transporting a wheelchair.
• Lost Earning Capacity of the Child: A severe birth injury can prevent your child from being able to work and earn an income as an adult. Economic experts calculate the present value of these future lost wages. Indirect costs, such as productivity loss, accounted for a significant portion (around 80.6%) of the overall lifetime expense of cerebral palsy in one analysis.
• Lost Wages for Parents: If one parent has to stop working or reduce their hours to care for the injured child, their lost income is also a form of economic damage. This can amount to tens or hundreds of thousands of dollars over the years. 
• Educational Costs: Your child might require specialized education, tutors, or assistive technology in school. Direct non-medical costs like special education can make up a notable portion of lifetime expenses for a child with cerebral palsy.

Data sourced from: National Health Expenditure Data, Healthcare Cost and Utilization Project (HCUP)

The actual economic damages in your child’s case will be meticulously calculated based on their individual injuries, needs, and life care plan.

Non-Economic Damages: The Intangible Losses

Non-economic damages compensate for harms that don't have a direct price tag but are incredibly significant. These address the human cost of the injury.

• Pain and Suffering: This acknowledges the physical pain and discomfort your child endures due to their injury and any necessary medical treatments.
• Emotional Distress and Mental Anguish: This includes the fear, anxiety, depression, and other emotional suffering experienced by your child.
• Loss of Enjoyment of Life: A birth injury can prevent a child from participating in activities that other children enjoy, such as playing sports, making friends easily, or pursuing hobbies. This compensation addresses that diminished quality of life.
• Disfigurement or Physical Impairment: If the injury results in visible scarring, disfigurement, or permanent physical limitations, this is taken into account.
• Loss of Companionship (for the parents, in some contexts): While primarily focused on the child, the profound impact on the parent-child relationship and the loss of a typical experience of parenthood can sometimes be a factor, depending on the jurisdiction.

Quantifying non-economic damages is more subjective than calculating economic damages. However, these losses are very real and recognized by the legal system. Some states, however, place caps on the amount of non-economic damages that can be awarded.

Strength of Evidence and Clear Liability

To receive any compensation, you must prove that medical negligence occurred and that this negligence directly caused your child's injury. The stronger your evidence, the better your position.

• Medical Records: These are foundational. They document the care provided during pregnancy, labor, and delivery.
• Expert Testimony: Medical experts (obstetricians, neonatologists, neurologists, etc.) are crucial. They review the medical records and provide opinions on whether the healthcare providers breached the accepted standard of care and if that breach led to the injury.
• Witnesses: Staff present during the birth, or even family members, might provide relevant testimony.

If liability is clear-cut – for example, a doctor undeniably made a mistake that directly harmed your child – the case might settle more readily and for a higher amount. If liability is contested, and the defense argues the injury was unavoidable or due to other causes, the value might be affected, and the case is more likely to go to trial.

Jurisdiction: Where You File Matters

The laws governing medical malpractice and personal injury vary significantly from state to state.

• Caps on Damages: As mentioned, some states have statutory caps on non-economic damages in medical malpractice case. Some even cap total damages. These laws can drastically limit the potential recovery, regardless of the severity of the injury or the extent of the economic losses.
• Statutes of Limitations: Every state has a time limit (statute of limitations) for filing a birth injury lawsuit. Missing this deadline means you lose your right to sue. For birth injuries, these rules can be complex, sometimes allowing more time for minors, but you should never assume.
• Legal Precedents: The history of similar case outcomes in a particular jurisdiction can also influence negotiations and trial strategies.

The Caliber of Your Legal Team

Let's be blunt: the skill, experience, and resources of your legal representation make a huge difference. 

• Experience: You need a lawyer who focuses specifically on birth injury and medical malpractice cases. They understand the medicine, the legal standards, and the tactics used by defense attorneys and insurance companies.
• Resources: These cases are expensive to litigate. Your lawyer needs the financial resources to hire top medical experts, conduct thorough investigations, and take the case to trial if necessary.
• Negotiation Skills: Most birth injury cases settle out of court. A skilled negotiator can maximize your settlement.
• Trial Readiness: If a fair settlement isn't offered, your lawyer must be prepared and able to effectively present your case to a jury.

The Legal Journey: Understanding the Path to Valuation

1. Initial Consultation & Investigation: You'll discuss the circumstances of your child's birth with an attorney. If they believe there's a potential case, they'll gather all relevant medical records and have them reviewed by medical experts. This initial review determines if the standard of care was breached and if that breach caused the injury.
2. Filing the Lawsuit: If the expert review supports a claim of negligence, your lawyer will file a formal lawsuit against the responsible healthcare providers and/or hospital.
3. Discovery: This is the evidence-gathering phase. Both sides exchange documents, answer written questions (interrogatories), and conduct depositions (sworn testimony given out of court). Medical experts are often deposed during this stage. The information gathered during discovery helps both sides further evaluate the strengths and weaknesses of the case, refining their understanding of its potential value.
4. Negotiation and Mediation: Many birth injury cases are resolved through settlement negotiations. Mediation, where a neutral third party helps facilitate discussions, is often used. The strength of the evidence, the clarity of liability, the extent of the damages, and jurisdictional factors all play into these negotiations.
5. Trial: If a settlement cannot be reached, the case proceeds to trial. A judge or jury will hear the evidence and decide whether the defendants were negligent and, if so, the amount of damages to award. Trial outcomes are less predictable, but a well-prepared case presented by an experienced trial lawyer has the best chance of success.

FAQ: How Much Are Birth Injury Lawsuits Worth?

Your Child's Future is Worth Fighting For

Don't let uncertainty hold you back from seeking answers.

Call (888) 894-9067 today for a no-cost, no-obligation consultation. Your child's future deserves dedicated advocacy from experienced birth injury lawyers who understand birth injury cases.