Compensation Settlements for Birth Injuries

Philadelphia birth injury settlements are capable of providing families with valuable financial resources for the future. Although there is no amount of money that can reverse the clock, birth injury settlements can offer distraught families a ray of hope in a difficult, dark time.

If your family is dealing with a birth injury, you may be wondering about the average settlement for birth injury cases. The truth is that birth injury settlements and medical malpractice settlements in general can vary widely from case to case, but meeting with an experienced birth injury attorney can give you an idea of how much your case is worth.

Why Choose Us?

We Fight for Maximum Compensation

No matter what the circumstances are surrounding your birth injury case, you can expect Wapner Newman to always pursue maximum compensation. Our attorneys understand how important these funds are to our clients, so they work diligently to get as much compensation as they can during the claims process.

At Wapner Newman, we have:

Award-winning attorneys with decades of combined experience
A track record of recovering millions of dollars for clients
Compassion and concern for each client’s special wants and needs
Round-the-clock availability to clients for emergencies and concerns
The willingness and ability to take your claim to trial when necessary.

A birth injury is truly unsettling and devastating, but you don’t have to bear the consequences alone.

If your family is dealing with a birth injury, call (215) 569-0900 today to speak with a birth injury lawyer. Trust Wapner Newman as many have in the past. Your first consultation is free.

How Our Birth Injury Lawyers Can Help

We Take Care of Everything

The amount of your birth injury settlement depends on the extent of the losses suffered. It also depends on the skill and experience of the birth injury lawyer you choose to represent you. At Wapner Newman, each lawyer who handles birth injury cases has the experience and skill necessary to recover maximum compensation for Philadelphia birth injury settlements. Each professional in our office meticulously completes all of the tasks necessary to resolve our clients’ cases, including:

Thoroughly investigating the circumstances of the injury
Managing all aspects of the paperwork and documents for the claim
Consulting with appropriate medical experts
Negotiating with insurance companies and defense attorneys
Fighting for clients at trial whenever necessary.

With the seasoned birth injury lawyers from Wapner Newman on your side, you can rest assured that all that can be done is being done to get you maximum compensation.

For a free consultation and important information, call our office today at (215) 569-0900 to speak with a birth injury lawyer about your case.

Determining the Average Birth Injury Settlement

Because birth injury cases are so unique, determining the average birth injury settlement is practically impossible. However, it is possible to get a ballpark figure of how much your case might be worth by meeting with an experienced birth injury attorney.

During your meeting, your attorney will review the birth injury in question as well as the unique circumstances of your case to come up with an initial approximation of your case’s worth.

Generally speaking, the more severe the birth injury, the more compensation you are likely to receive. Sadly, many birth injuries are quite serious and have a years-long impact on children and their families.

Common Birth Injuries

Some of the more common birth injuries that we see in these cases include:

Cerebral palsy, which causes muscle weakness, muscle spasms, and a lack of motor skills; as many as 3 children per 1,000 suffer from cerebral palsy
Facial paralysis, which causes an inability to move one side of the face, including eyelid movements
Cephalohematoma, which is bleeding under the cranial bone that may lead to further medical complications, such as meningitis and anemia
Brachial plexus, which involves damage to nerves connecting the upper spine with the shoulders, arms, and hands
Bone fractures, which can lead to malformed bones and significant pain
Spinal cord injuries, which are among the most severe injuries a newborn can experience and can lead to permanent paralysis and nerve damage.

For those birth injuries that heal on their own, such as caput succedaneum and certain bone fractures, the average birth injury lawsuit or settlement is much lower than those dealing with long-term and permanent injuries.

Common Causes of Birth Injuries

Another detail that may factor into the average birth injury settlement amount is the cause of the birth injury. If the medical professional or professionals responsible for the injury acted willfully or with extreme recklessness, then punitive damages may be available, which can significantly increase the compensation figure.

With that being said, the average birth injury settlement typically does not include punitive damages, because most birth injury cases deal with medical negligence and not extreme recklessness or willfulness.

Some of the more common forms of negligence we see in birth injury cases include:

Negligent monitoring of mother and child during labor and delivery
Failure to act upon signs of fetal or maternal distress
Overly fatigued medical professionals
Negligent administration of anesthesia
Negligent administration of medication
Oxygen deprivation due to prolonged labor
Failure to recognize a complex pregnancy
Improper use of vacuums or forceps.

Birth injuries may also be caused by defective equipment or tools, in which case the claim may not involve medical malpractice at all. Instead, the claim would be against the makers and/or distributors of the defective equipment or tools.

Statute of Limitations and Birth Injuries

Time Is of the Essence

When a mother or a child has suffered a birth injury due to medical negligence, they have the right to pursue compensation. However, there is a time limit for taking legal action. Once time is up, the victim loses out on their ability to seek compensation.

Generally speaking, the time limit for birth injury cases is two years. However, the clock does not start ticking for minors until they reach 18 years of age. So, if the minor brings legal action and not the parents, the clock runs out when the minor turns 20.

However, if the parent brings the claim, the clock runs out after two years from the date of the injury or two years from the date that the injury should have been discovered. For example, if a child is born on January 1, 2023, but the birth injury is not discovered until January 1, 2024, the statute of limitations will begin running on Jan 1, 2024.

Frequently Asked Questions

Birth injury cases are complex and often lead to questions from clients. Below are some common questions we receive, with their corresponding answers. Please review them for help in further understanding Philadelphia birth injury settlements.

Do I Need a Birth Injury Attorney for My Case?

Yes. The average settlement for birth injury cases significantly drops for those who pursue compensation without an attorney. With an attorney representing you, you are likely to get far more compensation than if you handle the case by yourself.

How Much Does a Birth Injury Lawyer Charge?

Birth injury lawyers charge a percentage of the final compensation figure they recover for their clients. This means that there are no upfront payment obligations for clients. And if the case is not successful, the client pays zero.

What Damages Are Available in a Birth Injury Lawsuit?

Victims and their families can pursue various economic and non-economic damages in a birth injury lawsuit, including:

Medical care and treatment
Loss of future earning capacity
Home and vehicle modifications
Mental and physical pain and suffering
Disfigurement
Reduced life expectancy
Loss of ability to enjoy life

As mentioned, you may also be entitled to punitive damages in cases of extremely reckless or willful behavior.

How Long Do Birth Injury Settlements Take?

It depends on the facts of the case. Complex cases generally take more time than simple, straightforward claims. At Wapner Newman, we fight hard to get our cases resolved in a timely manner, but never at the expense of the settlement figure.

Will I Need to File a Birth Injury Lawsuit?

Lawsuits are the exception, because most cases are settled before a trial is necessary. However, if the insurance company responsible for paying your claim does not agree to your compensation figure, you will likely have to file a birth injury lawsuit to compel them to pay.

Please feel free to reach out for more answers to any questions you have. An experienced birth injury lawyer is ready to take your call.

Speak to a Birth Injury Lawyer Today

You Can Rely on Us

The average settlement for birth injury is higher among those who choose experienced representation. Wapner Newman birth injury attorneys have the skill and history to recover significant compensation figures for birth injury victims.

If your child has experienced a birth injury, do not hesitate to contact our office for a free consultation. A birth injury lawyer from our team is ready to review your case to help you determine your next course of action. Call (215) 569-0900 today.