How is the settlement in a birth injury claim calculated?

Each and every birth injury claim is unique, so the settlement amount per case varies. The calculation of your compensation is mainly affected by the economic and non-economic damages caused by the birth injury. Economic damages may include:

• Medical and healthcare expenses (past, present, and future)
• Lost income and loss of earning capacity
• Need for long-term care, special education, and assistive devices
• Home and vehicle modifications

Alternatively, non-economic damages may include pain and suffering, reduced enjoyment of life or quality of life, and emotional distress.

While the actual amount of your settlement will only be known at the end of the claims process, there are ways to estimate your possible compensation. The estimated value of your birth injury claim may be calculated using the per diem or multiplier method.

Per Diem Method

This method assigns a specific daily rate for non-economic damages. This rate is then multiplied by the number of days a birth injury is expected to cause suffering.

For example, the daily rate is $400, and the child will face challenges related to their birth injury for 30 years (10,950 days). The estimated amount is: 400 x 10950 = $4.38 million.

Multiplier Method

This method first determines the total value of your economic damages. Then, that amount is multiplied by a number (commonly between 1.5 and 5), depending on the severity of the birth injury. This will give you an estimated value for non-economic damages.

For example, the economic damages are calculated to be $3 million, and the multiplier is 4 (severe birth injury). This means the value for non-economic damages is $12 million. This amount is then added to the original cost ($3 million), bringing the estimated total settlement to $15 million.

Keep in mind that these are only estimates. There is no accurate way for your lawyers to know for sure the total and actual amount you may receive from your birth injury claim.

Get the legal support you need to file your birth injury claim

Reach out to The Law Offices of Sean M. Cleary for legal assistance in filing your birth injury claim. With proper legal guidance, you can increase your chances of getting the maximum compensation you and your family deserve. Call us today to discuss your case. We offer free consultations, and we are open to answering your questions regarding your birth injury claim.