What is a birth injury settlement?
A birth injury settlement is an agreement between both parties involved in a birth injury lawsuit. It requires one of the parties to pay the other party money as compensation for any harm or damages incurred from the birth injury. This type of settlement is typically the result of a successful lawsuit and is negotiated to resolve the dispute. When settling a birth injury case in Oregon, the court will determine the amount of the settlement based on the types of damages incurred and the amount of harm suffered. Potential damages that may be considered include medical bills, rehabilitation costs, loss of income, and any physical or emotional pain and suffering the parent and/or baby experienced. The court will also take into account the victim’s current and future needs, such as modifications to the home and/or specialized medical care. When determining the settlement amount, expected future medical costs and other related expenses are usually taken into consideration. However, the courts are typically unwilling to grant settlements that exceed the expected medical costs of the child’s lifetime care. In Oregon, if the parties are unable to reach a settlement agreement, the case may be taken to court, where a jury will decide the settlement amount. Birth injury settlements are important because they provide parents and their children with much needed medical treatment and financial security. By taking legal action, victims of birth injuries may be able to obtain the compensation they deserve for any damages they have suffered.
Related FAQs
What is a medical genetics evaluation and can it be used in a birth injury claim?What is medical negligence and how can it be used in a birth injury claim?
Do I need a lawyer to file a birth injury claim?
How can I prove medical negligence caused a birth injury?
What is a neonatal stroke and can a parent file a birth injury lawsuit?
Does birth injury law cover wrongful death cases?
What is informed consent in birth injury cases?
What is a birth trauma case?
How long does a birth injury claim take to settle?
How long does it take to settle a birth injury lawsuit?
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