When a birth injury disrupts the most anticipated moment in a family’s life, the aftermath often leaves parents searching for answers and justice.
Through a birth injury claim, families pursue financial recovery for both immediate and long-term needs. Courts often offer various types of compensation for birth injuries, reflecting the physical, emotional, and economic toll these injuries impose. This post discusses what compensation often covers, who qualifies to pursue it, and how each type of damage supports a child’s care and future.
Medical Expenses
Families recover the full cost of medical treatment linked to the birth injury. This includes hospital stays, surgeries, medications, and follow-up appointments. Doctors often recommend long-term care or physical therapy; the claim also covers these. If a child requires specialized equipment, such as wheelchairs or breathing devices, those costs fall under this category too.
Future Medical Care
Some birth injuries affect a child for life. In those cases, the court accounts for future medical needs. Experts estimate what care the child will need and for how long. Claims include ongoing treatments, in-home nursing, and regular doctor visits. Any necessary home modifications, like ramps or therapy rooms, also form part of this financial recovery.
Lost Wages
The claim covers lost wages if a parent must leave a job or reduce hours to care for the injured child. Courts examine previous income levels and project how much income the family loses due to this life change. This ensures the family receives the financial stability needed to care for the child without losing household income.
Loss of Earning Capacity
Some injuries prevent a child from working in adulthood. Courts look at the child’s potential earnings based on education level, abilities, and career path. The claim then includes an amount that reflects the wages the child would have likely earned over a lifetime. This support ensures long-term security, even if the child never enters the workforce.
Pain and Suffering
This category reflects the physical pain and emotional distress the child endures. Courts weigh the severity of the injury, the recovery process, and the long-term effects. Though no amount of money erases suffering, compensation offers recognition of that hardship. Parents may also recover damages for the emotional toll they face after seeing their child in pain.
Loss of Enjoyment of Life
Some birth injuries limit a child’s ability to enjoy everyday activities, running, playing, or forming relationships. Courts evaluate how much of the child’s quality of life the injury affected. Claims reflect this loss through compensation that acknowledges the life experiences stolen due to the injury.
Permanent Disability or Disfigurement
When a birth injury leads to permanent physical changes or disabilities, claims reflect this significant loss. Damages cover the impact on the child’s identity, mobility, and daily function. Courts consider how the condition alters the child’s lifestyle and appearance, then assign a financial value to that loss.
Special Education and Developmental Services
Children with birth injuries often require customized learning support or behavioral therapy. Claims include costs for tutors, therapists, and specialized school programs. If a child needs lifelong educational support, compensation includes projected costs for those future services.
Birth injury claims give families the tools to rebuild. Each damage category serves a specific purpose: restoring what was lost, securing a future, and providing relief during a difficult time.
