Types of Compensation Available
Birth injury settlements typically include:
- ✓Past and future medical expenses
- ✓Physical, occupational, and speech therapy
- ✓Special education and developmental services
- ✓Home modifications and adaptive equipment
- ✓Long-term nursing care
- ✓Lost future earning capacity
- ✓Pain and suffering
- ✓Loss of enjoyment of life
Factors Affecting Settlement Amounts
Several factors influence the value of a birth injury case:
- ✓Severity and permanence of the injury
- ✓Lifetime care costs and medical needs
- ✓Strength of liability evidence
- ✓Child's life expectancy
- ✓Geographic location and venue
- ✓Insurance policy limits
- ✓Hospital's or doctor's litigation history
Average Settlement Ranges by Injury Type
While every case is unique, typical ranges include:
- ✓Severe cerebral palsy: $5 million - $50 million+
- ✓HIE with brain damage: $3 million - $25 million
- ✓Erb's palsy (permanent): $1 million - $5 million
- ✓Bone fractures: $100,000 - $1 million
- ✓Mild brachial plexus (recovers): $200,000 - $500,000
Life Care Planning
A life care planner calculates future needs by evaluating required medical care, therapies, equipment, medications, and support services throughout the child's expected lifetime. This comprehensive analysis often reveals millions of dollars in future expenses.
Settlement vs. Trial
Most birth injury cases settle before trial, but having attorneys willing to go to court often leads to higher settlements. Insurance companies know which firms have strong trial records and adjust their offers accordingly.