There is no way to determine what the average settlement for an umbilical cord birth injury lawsuit might be. Many factors determine the value of a medical malpractice settlement, and each will differ from case to case. These include:
- The injuries the child suffered
- The severity of the child’s injuries
- The child’s necessary medical treatment, care, and support
- The family’s out-of-pocket expenses
- The pain and suffering and other intangible losses experienced
Because these factors will be unique to your child and your family, calculating your case’s value can be a complex process. This also makes it impossible to generalize an average value that applies to all cases, even when two children have the same diagnosis or similar disabilities.
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A Lawyer Can Calculate Your Family’s Damages
Since there is no broad range of damages that can apply to all umbilical cord birth injury cases, an attorney will need to calculate the range of fair settlement values for your claim. This is a necessary step before filing a legal claim and beginning any settlement negotiations.
In some cases, what sounds like a large payout may not be enough to cover your family’s expenses and losses related to your child’s birth injury. Some of the most common complications related to umbilical cord accidents can cost thousands of dollars each year to manage.
A child diagnosed with epilepsy, for example, may incur frequent emergency care, hospitalization, outpatient care, and medication costs. According to the American Journal of Managed Care, the average hospital stay for an epilepsy patient is 3.6 days, with annual treatment costs averaging more than $15,000 per year in 2014.
For children with more severe types of cerebral palsy, the average cost of treatment is nearly triple that amount. The Journal of Managed Care & Specialty Pharmacy reports that the annual cost of managing care for a non-ambulatory person living with cerebral palsy was nearly $44,000 from 2013 to 2015. Medical costs continue to rise dramatically to this day.
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Local Laws May Affect Your Recovery of Damages
In some cases, it is not only your child’s injuries and your related losses that play a role in the value of your settlement. Some states have statutes that limit the damages available to families like yours. These statutes typically focus on the value of non-economic losses, although some states do cap all financial recovery related to medical malpractice.
According to the Center for Justice and Democracy (CJ&D), there are 23 states that place restrictions on non-economic losses and six states that limit both economic and non-economic losses, although some may exempt future medical care. Exceptions may be available in cases of catastrophic injury or wrongful death as well.
Working with an attorney who represents families in birth injury cases in your state is the best way to ensure that you understand any limitations on damages in your case.
The Role of Your Case Value in Settlement Negotiations
While there is no way to calculate what the average settlement for an umbilical cord birth injury lawsuit might be, it is important that you understand the facts about your case before accepting a settlement offer.
You should talk to a birth injury attorney about your options before signing any agreement with the doctor, hospital, insurer, or any other party. Otherwise, you could jeopardize your ability to recover a fair settlement that compensates you appropriately and allows you to pay for your child’s lifelong care and support.
The final decision about a settlement agreement rests with you, even when you work with an attorney. Your lawyer is there to provide resources, information, support, and representation. They will advise you if you want to consider an offer, but ultimately the choice is yours.
This is why it is so important to have a law firm on your side that specializes in representing families like yours. An experienced team can put an accurate value range on your case – including current financial losses, future expenses, and intangible damages – making it easier to understand if a settlement offer is fair.
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If you have questions about umbilical cord birth injuries, believe your child suffered this type of injury, or are considering taking legal action, contact the Birth Injury Lawyers Group for help today. All consultations are confidential. If our team represents you, there will be no upfront or out-of-pocket fees – we only collect a fee if we are able to win your case.
Let the Birth Injury Lawyers Group help your family get the justice you deserve. Contact us today at (800) 222-9529.