Fertility Law Group – Helping Families Secure the Compensation Their Child Needs for a Lifetime of Care
When a child suffers a birth injury, the financial burden on families can be overwhelming. Medical bills, therapy costs, assistive devices, and long-term care expenses quickly add up—often amounting to millions of dollars over a child’s lifetime. A birth injury lawsuit helps families secure financial compensation to provide the best possible future for their child.
At Fertility Law Group, we work closely with medical experts, life care planners, and financial specialists to ensure that families receive full and fair compensation for their child’s injury. If you are considering legal action, here’s what you need to know about how birth injury settlements and verdicts are calculated.
What Factors Determine the Value of a Birth Injury Case?
The amount of compensation a family can recover in a birth injury lawsuit depends on several key factors, including:
1. The Severity of the Injury
- Minor injuries may heal over time, while severe injuries like cerebral palsy or hypoxic-ischemic encephalopathy (HIE) require lifelong medical care.
- More severe injuries generally result in higher settlements or jury awards.
2. Medical Costs (Past, Present, and Future)
- Hospital stays, surgeries, and specialist visits.
- Physical therapy, occupational therapy, and speech therapy.
- Assistive devices like wheelchairs, communication aids, and home modifications.
- Medication and ongoing medical treatments.
3. Cost of Long-Term and Future Care
- Many birth injuries require lifelong medical care and therapy.
- A life care plan estimates how much money is needed to cover future medical expenses.
4. Lost Earning Potential
- If the child’s injuries prevent them from working as an adult, compensation can include lost future wages.
- Parents who must leave their jobs or reduce work hours to care for their child may also receive compensation for lost income.
5. Pain and Suffering
- Physical pain and discomfort caused by the injury.
- Emotional distress for both the child and the parents.
- Loss of independence and reduced quality of life.
6. Whether the Case Settles or Goes to Trial
- Settlements are agreed upon between the family and the hospital/insurance company, avoiding a trial.
- Verdicts are determined by a jury if the case goes to court. Juries often award higher compensation if medical negligence is proven.
What Are the Two Types of Compensation in a Birth Injury Case?
Birth injury settlements and verdicts typically include two categories of damages:
1. Economic Damages (Financial Costs)
These cover actual expenses related to the injury, including:
- Medical bills (past, present, and future).
- Therapy and rehabilitation.
- Assistive devices and accessibility modifications.
- Lost wages for parents who become full-time caregivers.
- Lost future earnings for the child.
2. Non-Economic Damages (Pain and Suffering)
These compensate families for the emotional and physical impact of the birth injury, including:
- Pain and suffering endured by the child.
- Emotional distress experienced by the parents.
- Loss of enjoyment of life due to disabilities.
In some cases, punitive damages may also be awarded if the doctor or hospital acted with extreme negligence or recklessness.
How Are Future Medical Expenses and Care Needs Calculated?
Because birth injuries often result in lifelong disabilities, financial experts and life care planners work together to estimate the total cost of care over the child’s lifetime. This process includes:
- Evaluating medical records and projected care needs.
- Consulting with doctors and therapists to determine long-term treatment.
- Factoring in inflation and rising medical costs.
A strong life care plan ensures that families do not run out of money for their child’s care years down the road.
How Much Compensation Do Families Typically Receive in Birth Injury Cases?
Birth injury settlements and verdicts vary widely based on the severity of the injury and the level of negligence involved. Settlement or verdicts can be in the millions—or even tens of millions—depending on the circumstances. Over the years, our attorneys have collectively recovered well over $200 million in recoveries for injury victims.
Why Hospitals and Insurance Companies Try to Pay Less
Hospitals and their insurance providers often try to minimize their financial liability by:
- Blaming genetic conditions or natural complications instead of admitting fault.
- Offering low settlement amounts that do not cover long-term care.
- Delaying the case in hopes that families will accept less.
At Fertility Law Group, we fight aggressively to ensure families receive full and fair compensation—not just what the hospital or insurance company is willing to offer.
Why Families Pursue Legal Action After a Birth Injury
A birth injury lawsuit is not just about compensation—it’s about ensuring that medical providers take responsibility for preventable mistakes and that families have the resources they need to care for their child.
A legal claim can help:
- Cover lifelong medical care and therapy costs.
- Ensure financial security for parents who must leave work to care for their child.
- Hold negligent doctors and hospitals accountable for their mistakes.
If your child has suffered a birth injury and you are unsure your options are, our team can evaluate your case and answer your questions. Please contact us for a free, confidential consultation to learn more about your rights and options.
