How is damages determined in a birth injury case?

In Washington, damages for a birth injury case are determined based on the costs associated with the injury. Specifically, damages are based on the costs associated with current and future medical care, physical therapy, medication, home care, and any other expenses related to the injury. Damages may also include lost wages, pain and suffering, and other economic factors related to the injury. In addition, damages may also include compensation for the “loss of life’s pleasures” that occurred due to the birth injury. This includes compensation for any mental anguish, emotional distress, or loss of enjoyment of life that may have resulted from the injury. In some circumstances, punitive damages may be awarded to the plaintiff if the defendant is found to have acted with reckless disregard or negligence. Punitive damages are not meant to compensate the injured party, but instead are meant to deter the defendant from repeating the same actions. Ultimately, the amount of damages awarded to the plaintiff in a birth injury case depends on the facts and circumstances of the case. An experienced attorney can help evaluate the facts and circumstances and guide the plaintiff through the process of seeking damages for their injury.

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