What Kind of Damages Are Available in a Birth Injury Lawsuit?

September 15, 2008

Damages in these cases are typically quite high, because birth injury settlements take into account a lifetime of losses. Economic damages typically include costs for medical care, rehabilitation, special education and nursing assistance. Non economic damages for physical pain and suffering, mental and emotional suffering and other losses are available. There are limits on the amount of non-economic damages that may be paid to a victim in some states.

Punitive damages are designed to punish the defendant and to deter others from committing the same act. It is difficult to obtain punitive damages in a birth injury case, unless the plaintiff's lawyer provides evidence that shows there was malicious intent or complete indifference.

Calculating the damages in a birth injury lawsuit is a hard task. The settlement values typically vary from state to state. In some states, there is a limit to how much a child may collect for pain and suffering. In other states, the damages could be millions of dollars. Cerebral palsy cases typically result in very large settlements, based on the severity of disadvantage the birth injury causes.

For more information about birth injuries or to speak with a birth injury lawyer visit http://www.texasinjuryattorney.com or call 1 800 ATTORNEY. Jeff Rasansky has won millions for his birth injury clients over 20 years as an attorney in the Dallas Area.