What types of damages are included in a birth injury claim?

Economic damages

• Healthcare and medical expenses, which may include laboratory tests, doctors' fees, medication, and other hospital bills
• Medical equipment or assistive devices the child may need after suffering a birth injury
• Therapies, rehabilitation programs, and special education the child may need
• Home and/or vehicle modifications necessary to accommodate the child who suffered a birth injury

• Employment of a caregiver or additional help parents may need to raise their child
• Loss of income and loss of earning capacity. This includes the wages parents lost while caring for their child, as well as the child’s possible loss of earning capacity due to their birth injury.

Non-economic damages

• Emotional pain and distress the birth injury has caused the victims
• Decreased quality of life for the child who suffered a birth injury

Punitive damages

If the defendant in your birth injury claim is found to be grossly negligent or reckless, they may also need to settle punitive damages. This depends on the judge’s ruling. The objective of this type of damage, also called exemplary damages, is to punish the defendant and discourage them from committing similar harmful actions in the future.

Get legal support to file your birth injury claim

With The Law Offices of Sean M. Cleary, you can confidently file a birth injury claim to recover the various damages caused by the responsible party. You may contact our law firm for a free consultation.

Our experienced birth injury lawyer can evaluate your case, help determine if you and your child qualify for a birth injury claim, and answer any questions you have regarding filing a birth injury lawsuit.