How is damages determined in a birth injury case?
Determining the amount of damages in a birth injury case is a complicated process. In Tennessee, damages are based on the amount of harm caused to the infant or their parents. It is important to remember that damages are not necessarily awarded for the injury itself, but rather for losses associated with the injury. The most important factor in determining damages is the amount of medical costs needed to treat the injury. These costs include future medical bills, such as therapy or special care for the child, as well as past medical bills related to the injury. Additionally, the amount of physical pain and emotional suffering experienced by the infant or their parents may also be considered. Other factors that may be considered when determining damages include lost wages, if either parent had to take time off work to care for the injured child, any disability or disfigurement caused, or any future income the infant would have earned if the injury had not occurred. Lastly, the court may also award punitive damages if the injury was the result of gross negligence or willful misconduct on behalf of the responsible party. Overall, it is important to remember that the amount of damages awarded in birth injury cases will vary depending on the particular circumstances of the case and the amount of harm caused. It is best to consult with a birth injury attorney who has experience in the state of Tennessee to ensure that you receive adequate compensation for your losses.
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