What’s the average compensation for a birth injury claim?

While there is no average amount for a birth injury claim, settlements are usually around $1 million. In some cases, a birth injury payout may be worth multi-millions.

Each birth injury case is unique. So, the settlement varies per family. The final and total amount of your compensation will depend on the facts of your case. Here are the factors that may likely influence your birth injury payout:

1. The severity of the birth injury

A child may suffer from a range of birth injuries. Because of this, not every birth injury lawsuit is the same. The amount of your compensation will usually match the severity of the birth injury your child sustained. For example, brain injuries may have a higher settlement than other types of birth injuries.

2. Economic and non-economic damages and losses

The following are the economic and non-economic damages that may affect your total birth injury payout:

  • Medical expenses (hospital bills, therapy, medication, etc.)
  • Non-medical expenses (special education, home and vehicle modification needed to accommodate the child who suffered a birth injury)
  • Need for lifetime care and assistance
  • Lost income
  • Pain and suffering
  • Reduced quality of life

3. Extent of medical malpractice

For some birth injury claims, punitive damages may be awarded on top of compensatory damages. The court may order defendants to pay for punitive damages, which aims to prevent them from committing the same harmful acts.

File your birth injury claim with The Law Offices of Sean M. Cleary

If you believe that your child’s birth injury is a result of negligence, you may contact The Law Offices of Sean M. Cleary to understand your legal options. Our law firm can determine your eligibility and the extent of damages done by the responsible party. In case you qualify for a claim, we may take the next step of filing your claim and hopefully get you the fair compensation you are owed.