Experiencing a birth injury can be a life-altering event for families. The emotional, physical, and financial toll can be overwhelming. In Hawaii, understanding how birth injury lawsuit settlements are calculated can provide clarity and help families navigate this challenging time.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are committed to providing compassionate and comprehensive legal support to families affected by birth injuries.
Understanding Birth Injury Lawsuit Settlements
A birth injury settlement is a financial agreement reached between the plaintiff (the injured party) and the defendant (usually the healthcare provider or institution) without going to trial.
These settlements are designed to provide compensation for the various damages and losses suffered due to the injury. The primary goal is to ensure that the child and their family receive the support they need to manage the injury’s long-term effects.
Examples of Birth Injuries
Birth injuries can range in severity and type, each with unique implications for the child’s future. Some common examples of birth injuries include:
- Cerebral Palsy. A group of disorders affecting movement and muscle tone, often caused by damage to the brain during birth.
- Erb’s Palsy. A paralysis of the arm resulting from injury to the brachial plexus nerves during delivery.
- Hypoxic-Ischemic Encephalopathy (HIE). Brain damage caused by a lack of oxygen and blood flow to the brain during birth.
- Fractures. Broken bones, such as a fractured clavicle or skull, which can occur during a difficult delivery.
- Caput Succedaneum and Cephalohematoma. Swelling and bleeding under the scalp, often resulting from the use of birth-assisting tools like forceps or vacuum extractors.
Each of these injuries can have a profound impact on the child’s life and necessitate extensive medical care and support.
Factors Influencing Birth Injury Lawsuit Settlements
Several factors influence the calculation of birth injury lawsuit settlements. Understanding these factors can help you comprehend the potential value of your case and ensure your child receives the necessary support:
Severity of the Injury
The severity of the birth injury significantly impacts the settlement amount. Severe injuries that result in permanent disabilities or require lifelong medical care typically result in higher settlements.
For instance, injuries leading to conditions like cerebral palsy, Erb’s palsy, or brain damage often require substantial compensation to cover ongoing medical expenses and care needs. The more severe the injury, the higher the settlement will likely be to account for long-term care and support.
Medical Expenses
One of the most critical components of birth injury compensation is the cost of medical care. This includes past, present, and future medical expenses related to the injury. Settlements often cover surgeries, medications, physical therapy, assistive devices, and other necessary treatments.
In Hawaii, the costs of medical care can be particularly high, making this a significant factor in settlement calculations. This factor ensures that your child receives the best possible medical attention without financial strain on your family.
Non-Medical Expenses
Non-medical expenses, such as home modifications, special education, and transportation costs, are also considered. These expenses aim to improve the child’s quality of life and provide necessary support for their unique needs. For example, modifications to your home to accommodate a wheelchair or specialized educational programs to address developmental delays are essential considerations.
Pain and Suffering
Pain and suffering damages account for the emotional and psychological impact of the birth injury on both the child and their family. This includes the physical pain endured by the child and the emotional distress experienced by the family due to the injury.
These damages can be challenging to quantify but are an essential part of the settlement. The emotional toll on parents and siblings, as they adjust to a new reality, is profound and deserves recognition and compensation.
Loss of Earning Capacity
If the birth injury results in permanent disability, the settlement may include compensation for the child’s future loss of earning capacity. This factor considers the potential income the child would have earned if not for the injury.
Calculating this involves projecting the child’s likely career path and earning potential had they not been injured, ensuring they are financially supported throughout their life.
Legal and Expert Fees
Legal and expert fees associated with the lawsuit are also factored into the settlement amount. This ensures that the family does not bear the financial burden of pursuing justice for their child’s injury. Expert witnesses, medical experts, and legal fees can add up, and including these costs in the settlement is crucial to prevent further financial strain on the family.
Damage Caps
Hawaii does not have caps on economic damages (such as medical expenses and lost wages) in medical malpractice cases. However, there are caps on non-economic damages, such as pain and suffering. As of 2023, the cap on non-economic damages in Hawaii medical malpractice cases is $375,000. This cap can significantly influence the total settlement amount in birth injury cases.
Calculating the Average Birth Injury Settlement
While each case is unique, understanding the average birth injury settlement can provide a general idea of what to expect. The average birth injury settlement can vary widely based on the specifics of the case. However, settlements often range from hundreds of thousands to several million dollars, depending on the factors mentioned above.
Seeking Legal Assistance
Navigating a birth injury lawsuit can be complex and emotionally draining. Seeking legal assistance from experienced attorneys, like those at Cronin, Fried, Sekiya, Kekina & Fairbanks, can make a significant difference. Our team is dedicated to helping families in Hawaii secure the compensation they deserve and providing compassionate support throughout the legal process.
Birth injury lawsuit settlements are calculated based on various factors, including the severity of the injury, medical and non-medical expenses, pain and suffering, loss of earning capacity, and legal fees. Understanding these factors can help families grasp the potential value of their case and ensure they receive the support they need.
If you or a loved one is dealing with the aftermath of a birth injury, don’t hesitate to reach out to Cronin, Fried, Sekiya, Kekina & Fairbanks. Our compassionate and experienced attorneys are here to guide you through the legal process and fight for the justice and compensation your family deserves.
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