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 are the elements of a birth injury claim?What is the difference between a birth injury and a medical negligence claim?
How can I get financial assistance for a birth injury?
What is a neonatal nurse and how can they help with a birth injury case?
Do I need a lawyer to file a birth injury claim?
What are some common defense strategies used in birth injury cases?
What is a fetal death and can a parent file a birth injury lawsuit?
What is the burden of proof for a birth injury claim?
What is a neonatal intensive care unit and how can it be used in a birth injury case?
What kind of evidence is used to prove a birth injury claim?
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