What damages can I recover if I win a birth injury case?
If you win a birth injury case in Washington, you may be able to recover damages to compensate you for the pain and suffering caused by the injury. Damages can also include economic losses such as medical expenses and lost wages, as well as non-economic losses such as loss of consortium (companionship and services) suffered by the injured person and their family. The amount of damages you are entitled to depends on the particular facts of your case, and will vary depending on the severity of the injury, the extent of any losses, and the availability of insurance coverage or other sources of compensation. In a birth injury case, you may be able to recover compensation for medical bills, past and future medical treatments, physical therapy and rehabilitation, as well as compensation for pain and suffering, and emotional distress caused by the injury. If the birth injury resulted in death, you may be able to recover compensation for the deceased’s medical bills, lost earnings and funeral expenses. If you are able to prove that the injury was caused by the negligence of a healthcare provider, you may be entitled to punitive damages, which are intended to penalize the negligent party for their careless behavior. However, punitive damages are generally subject to stricter standards than compensatory damages and may be harder to prove. Ultimately, the amount of damages you are entitled to will depend on the facts of your case and the laws in your state. It is important to consult an experienced birth injury attorney to understand your rights and the types of damages you may be able to recover.
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