All Questions

February 2, 2022 | Gary Burger

What Compensation Will I Receive in My Birth Injury Lawsuit?

What Compensation Will I Receive in a Birth Injury Lawsuit? When your child is injured because of a doctor’s negligence during birth, you are understandably angry and confused. You are likely looking at expensive treatments and possibly even the prospect of life-long special needs, not to mention the emotional pain and suffering you, your family, and your new child are experiencing in these moments. The birth injury lawyers at Burger Law understand your pain and will fight by your side to make sure you get the full compensation you need to protect your family’s future. Call us today at (314) 500-HURT or contact us online to get started on the path of recovery.

What Compensation Will I Receive for My Child’s Birth Injury?

Every birth, mother and child is different and complications can arise that are nobody’s fault. However, sometimes a doctor or other medical professional tragically breaks the rules and gives you or your child substandard care. That negligence may have an adverse effect on you and your child for the rest of your life. Burger Law will help assuage this terrible moment by making sure the negligent parties are held accountable and that you get the full recovery you need to help make you whole again.

The money you receive for your pain are called damages, and there are different types of damages that you will receive:

Economic Damages

Some damages can be easily measured in dollars. Your economic damages will be the sum of the money you needed to spend and will spend

  • Medical Expenses. In birth injury cases, these can include but aren’t limited to:
    • Medical expenses such as doctors and specialists appointments, surgeries, therapy or rehabilitation
    • Medications
    • Special equipment such as crutches or wheelchairs
    • Disability costs, such as live-in care or home or vehicle modifications
  • Special Education. A child with cerebral palsy or other developmental condition such as speech or behavioral therapy
  • Lost Wages and Loss of Earning Potential. If you have to miss work because of doctor’s appointments or having to stay home with your child, either in the past or in the future, those lost wages will be calculated and be part of your compensation.

Noneconomic Damages

Other damages are harder to quantify, and are made to compensate you for the impact your child’s birth injury has had on you and your child’s emotional well-being and ability to enjoy life.

Missouri and Illinois have similar definitions of “nonenomic damages”:

  • Pain and Suffering
  • Mental Anguish
  • Inconvenience
  • Physical Impairment
  • Disfigurement
  • Loss of Capacity to Enjoy Life

While nothing will be able to take back a negligent healthcare professionals' actions or inaction, noneconomic damages will help ease the burden you and your child feel. Unfortunately, the state of Missouri has placed “damage caps” on medical malpractice cases. In 2022, you will receive a a maximum $450,098 for non-catastrophic injuries, and $787,671 for catastrophic injuries.

Punitive Damages

Punitive damages are rarely rewarded and are designed to go beyond just making the plaintiff whole. They seek to punish the defendant for “willfull, wanton or malicious misconduct.” In other words, they only apply in special cases where a doctor or medical professional was not merely negligent but intentionally caused you harm. The goal with punitive damages is to discourage malicious behavior in the future.

Call a Birth Injury Lawyer Today

If you or your child was injured during birth because of a doctor or nurse’s negligence and substandard care, you need the skilled and experienced birth injury lawyers of Burger Law to hold them responsible and help make you whole again. You did not ask for these terrible circumstances, and you deserve to have you and your child’s futures protected. Call us today at (314) 500-HURT or contact us online for a free case evaluation, and to learn more about what the birth injury attorneys at Burger law can do for you.