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Factors that Impact Birth Injury Settlements

Wednesday, March 15, 2017By Richard Alexander

Birth injuries are among the most heartbreaking because they affect the newest members of humanity. And although some birth injuries are unavoidable, many are entirely preventable. Have you ever wondered how birth injury settlements are calculated? Is there a formula for determining the value of these distressing circumstances?

Unfortunately, there are no rules that can provide certainty about the value of a birth injury settlement. Each case is unique and is very dependent on the facts and the law that applies to those facts. However, there are certain factors that may make a birth injury case more (or less) valuable, such as the cause or causes of the injury, the nature and extent of the injury, the amount of any monetary damages, and less tangible factors such as pain and suffering.

The threshold issue in a birth injury case is what caused the injury. To recover anything in a lawsuit or settlement, some type of wrongdoing must have played a part in causing the injury. It could have been that a doctor affirmatively did something wrong, like using an unreasonable amount of force during the birthing process, leading to nervous system damage. But it could also be that a medical provider failed to do something that should have been done, such as an emergency C-section, leading to an oxygen deficit in the baby. If wrongdoing occurred, the other factors then come into play.

The nature and severity of the injuries inflicted play a central role in the value of a birth injury lawsuit. Obviously, the more severe the injuries and the greater the effect on the person’s quality of life, the greater the value of the case.

The next factor is the amount of monetary damages, both retrospective and prospective. Retrospective damages include any amounts of money lost or spent because of the injuries. These typically include the cost of medical, rehabilitative, specialized, and in-home care; specialized equipment; and the parent’s lost wages. Future damages often include these same items, as well as the cost of any future life care plan.

In addition, the value of a birth injury case can be greatly increased by items that cannot be easily reduced to a monetary value. This type of damages includes things like pain and suffering, as well as the loss of enjoyment of life.

The San Francisco personal injury attorneys at Alexander Law Group, LLP are proud to help families impacted by birth injuries recover against wrongdoers. We will fervently work with you to procure all possible monetary compensation. Our goal is to help our clients and their families receive proper compensation. You can reach one of our San Francisco personal injury attorneys at 888.777.1776. Alternatively, you can our online contact form and we will get back to you promptly.

While the results that we have obtained in other cases and our clients' testimonials do not guarantee, promise or predict the outcome of your case, we do promise to do our very best for you in your case.

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