What damages can I recover if I win a birth injury case?
In Texas, if an injured plaintiff successfully proves a case of birth injury, they may be able to recover damages to cover the costs of medical expenses, lost wages, pain and suffering, and emotional distress resulting from the injury. Medical expenses begin from the time that the injury occurred and will include all treatments and medications that were needed to help the child recover. This may include physical therapy, surgeries, and any other medical treatment necessary. Lost wages are any money the parents had to give up in order to care for their child due to the injury. Pain and suffering compensates the family for the physical and emotional pain they experienced. Finally, emotional distress awards the family any emotional distress they sustained due to the trauma. It is important to note that the amount awarded for damages is determined by the court and is based on the facts of the case. The judge will consider the extent of the birth injury, the amount of time the child will need treatment, and any other relevant factors. It is important for the plaintiff to be able to prove that the injury was caused by the negligence of a medical professional in order for damages to be awarded. Overall, if an injured plaintiff in Texas successfully proves a case of birth injury, they may be able to recover damages to cover medical expenses, lost wages, pain and suffering, and emotional distress resulting from the injury. The amount of the payment is determined by the court in each case.
Related FAQs
What is a perinatal injury and how can it be used in a birth injury case?What is the difference between a birth injury claim and a medical malpractice claim?
What are the common causes of birth injury?
What are the elements of a birth injury claim?
What kinds of medical records can be used to prove a birth injury claim?
What is the statute of limitations for filing a birth injury claim?
Are there time limits for filing a birth injury lawsuit?
What is a birth trauma claim and how can it be used in a birth injury lawsuit?
What is the statute of limitations for filing a birth injury lawsuit?
How can I prove medical negligence caused a birth injury?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023