How pain and suffering is calculated in an umbilical cord birth injury case can vary. Often, the calculation relies on your total economic damages or the expected cost of your child’s care. Your umbilical cord birth injury attorney will determine the value of your intangible losses, including pain and suffering.
Your legal team will put a value on your child’s pain and suffering and other emotional losses and include this value in their demand for a just payout in your case. These damages may comprise a significant portion of the value of your case.
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The Multiplier Method Is Commonly Used
While there are several ways to calculate pain and suffering damages in an umbilical cord accident claim, one common method uses a multiplier. Your attorney will assign a multiplier to the case based on the severity of your child’s injuries. They will then multiply your financial expenses and losses by this multiplier to determine a value for your noneconomic damages.
Some important things to remember about this process include:
- The multiplier could be as small as one or as big as four or five.
- The base value could be all your economic damages, just your medical costs, or current and future care costs.
- Your attorney may use a different method of calculating this figure.
Insurance companies and some law firms use computer programs to estimate pain and suffering and other intangible losses. They offer a fair settlement range for the case based on information about the claim and the family’s damages.
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More Than Half of All States Limit Pain and Suffering Damages
How pain and suffering is calculated in an umbilical cord birth injury case may also depend on the laws in your state. Caps exist on noneconomic damages in many states, and some even limit how much you can recover overall in a medical malpractice claim.
Multiple states have caps on medical malpractice recovery in some form, which include limits to noneconomic damages such as pain and suffering. Some of these laws include exceptions for catastrophic injuries or wrongful death, but others do not.
Several of these caps have also been ruled unconstitutional over the years, and the rules that apply in your state could change quickly. It is best to rely on your attorney for information about any limits on pain and suffering damages in your state and how they could affect your case.
Documenting the Value of Other Types of Damages
While pain and suffering and other noneconomic damages may comprise a significant portion of your payout, it is essential to document and pursue other types of damages as best you can. This pursuit is critical because the amount of your economic damages may influence the value of your intangible damages.
Your attorney should spearhead the investigation into your child’s injuries and document your expenses and losses. These damages will include your child’s medical treatment, diagnosis, medication, therapy costs, out-of-pocket expenses, your lost time at work, and more.
A birth injury lawyer will also need to learn as much as possible about your child’s prognosis, future care needs, and ongoing treatment and support. This information will allow them to put a price on these damages and seek compensation for them, as well.
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Experts Play an Essential Role in Umbilical Cord Birth Injury Claims
Your attorney will work with one or more medical experts while building your case and taking legal action to recover compensation on your family’s behalf. Many states require experts to attest to the validity of your claim. These specialists could include:
- Medical experts who can verify medical negligence occurred.
- Medical experts who can analyze your child’s prognosis and future care needs.
- Economists who can put a price on future support and care.
- Other experts who can provide essential information to support your claim.
Your legal team will obtain the relevant medical records and provide them to the experts for review and analysis, collect sworn statements from the experts, and develop a strong case for a fair payout based on what they learn. Your attorneys will likely work on contingency, not asking you to pay any upfront fees.
Speak to the Birth Injury Lawyers Group for Free Today
At the Birth Injury Lawyers Group, we have team members available now to discuss your child’s injuries and your family’s allegations of medical malpractice. We can help you identify the liable party and determine your legal options to hold them responsible.
Call (800) 222-9529 now for your confidential complimentary consultation with a member of our team.