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The types of damages to claim in a birth injury lawsuit

On Behalf of | Jun 21, 2024 | Birth Injuries

A birth injury can be devastating for a family, bringing physical challenges to the affected child. In addition, they can cause emotional turmoil and financial burdens to the child’s family.

If medical malpractice caused the birth injury, then the child’s family may seek compensation. If your child has unfortunately suffered from a birth injury, what types of damages can you recover in a birth injury case?

Economic damages

Economic damages are quantifiable losses that result from the injury. These aim to compensate for the financial impact of the injury on your child’s life.

These can include medical costs and rehabilitation expenses. Also, these can cover the cost of assistive devices or home modifications necessary due to the injury.

Noneconomic damages

On the other hand, noneconomic damages are less tangible. These can include emotional distress, pain and suffering as well as the loss of enjoyment of life. Additionally, the evaluation of these damages considers the severity of the injury and its impact on your child’s daily life and well-being.

Punitive damages

Meanwhile, the courts may award punitive damages in some cases. These aim to penalize the defendant for exceptionally reckless or malicious behavior and deter similar actions in the future.

Wrongful death damages

In tragic situations where a birth injury results in the child’s death, the parents may be able to recover damages for wrongful death, such as funeral and burial expenses. These can also include medical costs related to the injury and compensation for the loss of companionship and society.

Pursuing the compensation you deserve

While no amount of money can undo the harm caused by a birth injury, recovering damages can help ease your financial challenges and provide some measure of justice. By seeking legal counsel, you may protect your rights and pursue the compensation your family deserves during this trying time.