When to Hire a Birth Injury Attorney
With thousands of babies born every day, child birth is a standard procedure in the United States. Although it is a regular occurrence, babies can still be injured in the birthing process. A mistake made by a doctor, nurse, hospital employee or mid-wife can change an entire family’s future.
Injuries that can occur during birth include nerve damage, anesthetic injury, shoulder dystocia, neurological damage, cerebral palsy, or even death to the mother or child. These injuries have life altering consequences that will need to be accommodated for. The Hirsch & Lyon Accident Law team represents all types of birth injury cases. For more information on your case, select one of the below categories:
A birth injury of any kind will drastically change the life of the child and the child’s family. The constant care an injured child needs could take family members away from their own career, not to mention set the family into thousands of dollars of medical debt. Additionally, a birth injury could keep the child from attending college or otherwise securing the education they would need in order to hold a good job.
If a birth injury has left you or your child with a permanent disability, you could potentially be entitled anywhere between $100,000 and $10 million. This number is determined by the amount of medical bills, pain and suffering, life care costs, and unemployment damages caused by the mishandled birth.
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If a mistake made by a healthcare professional during birth caused you, or your child, to spend an extended amount of time in the hospital or required you to receive additional rehabilitation, you could be facing over $100,000 in medical bills. In most of these instances, the medical professional’s insurance will offer a settlement to cover medical expenses, but you should be cautious of accepting this deal.
While they offer to cover the additional medical bills acquired from a mishandled birth, they will not cover future medical bills related to the birth injury. If you or your child require vocational training, a settlement from a medical professional’s insurance adjuster is unlikely to cover the years of life care you may be facing.
Be sure to speak with a legal professional before accepting any type of settlement. If your child is facing a lifetime of challenges because of an injury they acquired during birth, you deserve more than simply covering hospital costs. If your infant is in critical condition, you can expect your bills to remain steady and constant.
Even if the insurance adjuster is offering to pay you a “multiple” of your medical bills, refrain from signing a settlement. Contact a qualified professional at Hirsch & Lyon Accident Law if you are being approached by an insurance adjuster in order to ensure you get the best deal for you and your situation.
Pain and Suffering
Pain and suffering is determined by considering the long term effects of the birth injury. This includes how the birth injury will impact the child’s ability to be independent in the future, future employment losses, and damage to one’s family life.
Considering the future of a just born baby can be difficult, but it is important to imagine how this birth injury would change the infant’s entire life. If the child will need additional assistance because of the birth injury, this should also be considered. Furthermore, if the child will have a difficult time fulfilling typical job duties or living independently, that should also be included in pain and suffering.
The rewards given for pain and suffering are usually higher than what is given in other categories. This is typical because even though someone’s average future earning capacities would only total about $1-2 million in their lifetime, they still face a lifetime of constant pain, a potentially lowered IQ, or in a partially vegetative state, and/or other serious conditions. Even if the child is in a position to continue on a standard work path, the child’s quality of life can be compromised.
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Life Care Costs
Life care costs include all the costs the child might need in relation to their care for the rest of their lifetime. This includes everything from future medical bills and treatments to if the child will need an aide or in-home care, even if that in-home care can be done by a family member.
If a family member is dedicating their life to care for a child injured during birth, they are compromising their own career and future and is therefore not “free”, or “without cost.” In many instances, the care a dependent child will need is more taxing and difficult than the job the family member is leaving behind. Furthermore, this care is not confined to a standard 40-hour week that a typical job would have. Life care costs would consider this in the amount of damages it awards.
The professionals at the Hirsch & Lyon Accident Law team can help you secure the proper experts and produce the right testimony during the settlement phase or during trial, if trial becomes necessary. The help of top “life care experts” can ensure you receive the settlement you are entitled to.
Because many birth injuries will compromise the child’s entire future, potentially taking away their opportunity to go to college or receive proper training to secure a good job, the child may be forced to accept a “secondary” employment position with lower pay or reduced benefits. Some birth injuries are so severe that the child will never be able to have a job at all. In these circumstances, employment damages may be awarded to accommodate the difference that the child would have made at they not been injured.
An expert secured by a highly skilled law firm, like Hirsch & Lyon Accident Law, is necessary for determining the child’s losses. Even if a child does not show visible disabilities that could interfere with their employment success, their birth injury could prevent them from keeping a job long term or receiving the promotions the child would receive had they not been injured. A highly skilled lawyer would be able to pinpoint these issues to determine the amount of employment losses.
A birth injury, even those less severe, will likely reduce the employment lifespan of the individual. To calculate employment damages, you must consider what the individual would have made had they not been injured. This number is then compared to what they will make given the injury, and the difference is calculated. It is also important to consider if they will need to begin working later in life or need to stop working earlier than they would have without the injury. Many times, a number can be calculated by utilizing a multiplier dealing with inflation and an increase in a certain occupation’s market value.
Usually, employment damages will be the least amount of money awarded to the individual, but it can be explained and justified easily. Any average juror can understand that the birth injury victim will lose the requested amount of money due to the injuries they sustained. Combining this number with the existing medical bills, future medical bills, and projected future life care costs, it will clearly show the true amount of pain and suffering the child is facing.
Through an explanation of all of these damages, it is important that the jury understands how the mistake of a medical professional took away the child’s potential and instead set them on a path of constant discomfort, difficulty, and dependence in their employment and personal life. It will be the duty of the juror to ensure the child receives the damages and settlement they are entitled in order to live as comfortable of a life as possible.
Hirsch & Lyon Accident Law will ensure that both the jurors and medical professional’s insurance company knows what the child and the child’s family is entitled to and increase the chance that your injured child or family member receives a large settlement prior to going to trial.
Hirsch & Lyon Accident Law has over 200 combined jury trials regarding a variety of case types. While other attorneys claim to approach their cases aggressively, the Hirsch & Lyon Accident Law team truly is “Beyond Aggressive.” Not only will we fight to secure your highest settlement possible, we will also assist you with doctor’s treatments and medical liens, preventing any out of pocket costs being paid by you, up front.
Contact Hirsch & Lyon Accident Law by calling (602) 691-7278 or clicking on our “Schedule a Free Consultation” form to email us directly. At Hirsch & Lyon Accident Law, you are not just viewed a client, but a human being in need.