Long-term expenses related to caring for children who suffer birth injuries can reach up to $1 million, depending on the severity of the child’s injury. This is an unbelievable burden on top of an already stressful and emotionally fraught situation, and parents should not have to shoulder that burden themselves.
Instead, a birth injury lawyer in Alaska can help you get compensation from the hospital or medical staff at fault for your child’s birth injury. At the Birth Injury Lawyers Group, we have experience connecting clients just like you with attorneys for Erb’s palsy, cerebral palsy, brain bleeds, and many other birth injuries.
For a free legal consultation, call 1-800-222-9529
Proving a Birth Injury Case
Birth injury lawsuits are a type of medical malpractice claim, which means they require a bit extra proof than typical personal injury cases. The elements your Alaska birth injury attorney will need to prove include:
- The duty of care your physician owed you
- A breach of that duty of care (i.e. medical staff broke from accepted medical standards)
- That this breach of duty directly caused your child’s injury
- The damages that you and your family have suffered because of this injury
It’s important to have an attorney on your side who has experience with birth injury claims in Alaska. You will likely be up against a medical care provider with exponentially more resources than you and your family, so a birth injury lawyer can help even the scales.
Alaska Birth Injury Lawyer Near Me 1-800-222-9529
When to File Your Alaska Birth Injury Claim
When you consult with our Alaska birth injury lawyers, they will help you understand how the law applies to your specific situation. In general, Alaska sets the deadline (or statute of limitations) for medical malpractice claims at two years from the date of the incident.
However, there are some exceptions. For example, your child will have 10 years to file a claim against the parties responsible for their injuries, starting at their eighth birthday. This is in accordance with Alaska Statute § 09.17.140.
Damages and Compensation in Alaska Birth Injury Cases
Whether through direct actions, missed diagnoses, or breaches of the standard of care, the at-fault parties in your child’s birth injury claim should rightfully provide your family with compensation. In general, there are two kinds of damages for which you can receive monetary compensation: economic harms and non-economic harms.
Your Economic Harms
The first category includes all the damages you and your child suffer that are quantifiable in dollar amounts. They can be bills, expenses, etc. Typical examples of economic harms include:
- The cost of medical care for your child
- Wages lost due to caring for your child
- Your child’s lost earning potential due to injury
- The cost of any necessary medical equipment or treatments
Your Non-Economic Harms
Non-economic damages are more difficult to quantify. They include all the ways that your child’s injury negatively impacts you and your family without a clear monetary value. These kinds of harm can include:
- Your child’s pain and suffering
- The impact of severe disfigurement
- Loss of quality of life
- Loss of enjoyment in life
- The emotional toll of your child’s injury on your family
The Alaska Statutes limit the amount that can be awarded for non-economic damages in section Alaska Stat. § 09.17.010. Usually, you can receive the higher of either $400,000 or your child’s life expectancy multiplied by $8,000.
However, if your child is permanently and severely disfigured or disabled, they may be able to get compensation as much as either $1 million or their life expectancy multiplied by $25,000.
A skilled Alaska birth injury lawyer can help you catalog your family’s damages and give you a clear picture of what your compensation may look like.
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Get in Touch with an Alaska Birth Injury Attorney
Birth Injury Lawyers Group was founded by attorney Robert Goldwater, whose triplets were injured at birth. We can help you find the resources and legal help you need for your Alaska birth injury case. Get in touch with us today for a FREE consultation on how we can help you and your family get justice.