How pain and suffering is calculated in a newborn brain hemorrhage case depends on the specific method that a lawyer chooses to use. The two most common methods of calculating pain and suffering are:
- The per diem method
- The multiplier method
Our legal team can explain the nuances of these two methods to you, as well as their reasoning for choosing one over the other. If they use a different method, they may explain why they chose to do so.
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Lawyers May Have Different Approaches to Calculating Pain and Suffering
Your lawyer may consider several criteria when determining how to calculate pain and suffering in your newborn brain hemorrhage case. Their thought process may include:
- The specific nature of your pain and suffering
- The severity of your pain and suffering
- The accepted practice for calculating pain and suffering in cases similar to yours
- Their past experience seeking losses for pain and suffering in birth injury cases
If your lawyer decides to use the per diem method of calculation, they will assign a fixed amount of compensation to your daily pain and suffering. They will then determine how many days your pain and suffering has persisted, and this will provide a total sum of compensation.
In the multiplier method, your lawyer may multiply your economic losses—like medical costs—by a number between one and five. The multiplier can vary based on the severity of your pain and suffering.
Your lawyer may use another method entirely. They can explain to you why they chose the method they did.
Pain and Suffering for a Birth Injury Can Be Significant
When we calculate the cost of pain and suffering, we may account for:
- The pain and suffering you suffered as a parent
- The pain and suffering your child experienced
- The pain and suffering your child may experience in the future
The Journal of Caring Sciences explains that mothers who have traumatic birth experiences may suffer from:
- Anxiety
- Fear
- Anger
- Sorrow
You may develop clinically diagnosable conditions like depression as a consequence of the trauma that you experienced. You may also be entitled to compensation for the difficulty you may face because of permanent symptoms of your child’s injuries.
Your child has also experienced trauma. Their pain and suffering may include:
- Physical pain caused by their injury
- Psychological harm caused by physical pain
- The loss of physical and cognitive abilities
- The loss of certain opportunities in life because of their injury symptoms
Our team can explain other losses that commonly occur in birth injury cases.
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A Lawyer from Our Team Can Pursue Financial Justice for You
A lawyer from our firm will review your case and determine whether you and your child are victims of medical malpractice. You may be entitled to compensation for losses aside from pain and suffering. Some other losses that you may receive compensation for include:
- The cost of the medical care that caused your newborn’s brain hemorrhage
- The cost of additional medical care to address your child’s brain hemorrhage
- Income you lose while caring for your child after their injury
- Income you lose if you must permanently care for your child
- The cost of hiring one or more caregivers if your child requires ongoing supervision and assistance
If you have experienced further losses, then your lawyer may pursue compensation for those damages.
Johns Hopkins explains that medical errors are frequently deadly. If your child passed away because of their brain hemorrhage, a lawyer might seek justice through a wrongful death lawsuit. Surviving victims of wrongful death may collect coverage for pain and suffering, funeral costs, and certain other forms of harm.
A Lawyer Can Fight for a Settlement
A settlement may be the preferred outcome of your lawsuit. Not only is it the most common outcome of civil lawsuits, but a settlement may also have numerous benefits for you specifically.
You may:
- Be deeply concerned with the ongoing health of your child
- Be experiencing symptoms of psychological trauma
- Want to move on from the trauma of your child’s injury as soon as you possibly can
A settlement may be the quickest way to obtain justice for medical malpractice. It is the resolution that your lawyer will pursue, though they will be open to a court trial if it proves necessary.
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Call the Birth Injury Lawyers Group Today
The sooner that you call our team, the sooner we may begin pursuing financial recovery for you and your child. Do not wait to call. For a free case review, contact the Birth Injury Lawyers Group today at (800) 222-9529.
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