How Much Can I Recover in a Birth Injury Claim?

Birth injuries often result in long-term or lifelong medical needs for the child, and the financial burden of ongoing care can be daunting for families. But Indiana’s law establishes you can pursue legal action to recover rightful compensation. The final amount depends on several factors, including the degree of negligence and your lawyer’s skills. 

At Christie Farrell Lee & Bell, our experienced birth injury lawyers in Indiana have been advocating for families affected by medical negligence since 1993. In today’s post, we’ll cover all you need to know to estimate the amount of compensation you could get when pursuing a medical malpractice claim for birth injuries in Indiana.

What Damages Can Be Recovered in a Birth Injury Claim?

A birth injury claim involves different types of compensation that address several financial needs. These are economic damages and cover the direct costs associated with the injury, such as:

• Medical expenses: Includes hospital stays, surgeries, medications, and specialized medical care the child will need throughout their life.
• Rehabilitation: Ongoing physical, occupational, and speech therapy can be necessary to help the child reach developmental milestones and improve their life quality.
• Assistive devices and home modifications: Compensation may cover wheelchairs, communication devices, or home alterations like ramps and widened doorways to accommodate mobility challenges.

A knowledgeable attorney will use comprehensive evidence to prove all of these aspects of care and ensure they are all included in the claim. This way, we can secure the financial resources your child will need for the long term.

Types of Non-Economic Damages in Birth Injury Claims

Besides economic damages, a birth injury claim also allows you to pursue non-economic damages. These are awarded to compensate for the intangible impacts of a birth injury and include:

• Pain and suffering: This accounts for the physical pain and emotional distress experienced by the child due to their injury.
• Loss of enjoyment of life: Compensation may be awarded for the limitations the injury imposes on the child’s ability to experience and enjoy life fully.
• Emotional distress: The psychological impact of a birth injury can affect both the child and the family, warranting compensation for long-term emotional trauma.

Quantifying the full spectrum of damages, including economic and non-economic, allows us to build a comprehensive case that accounts for the full impact the birth injury had on your family. Our team’s goal is to fight for the maximum compensation possible for you to focus on recovery and get justice.

Factors That Affect the Amount Recoverable in a Birth Injury Claim

Understanding the factors that influence the total compensation amount in a birth injury case will help set realistic expectations for your claim. Some of the most relevant include:

• Severity of injury: The more severe and life-altering the injury, the higher the compensation typically awarded. This is because severe injuries require ongoing and extensive care, increasing medical expenses.
• Duration of required care: Similarly, if a child needs lifelong care, the compensation amount will reflect the significant financial burden of providing that care.
• Comparative fault in Indiana: Indiana’s comparative fault rule may reduce compensation if the healthcare provider argues that other factors contributed to the injury. When building a case, we work to challenge these assumptions with concrete evidence.

Every birth injury case is unique, so it’s very difficult to give an average compensation amount. However, Christie Farrell Lee & Bell offers free consultations to assess your case, compare it to similar case results we’ve achieved in the past, and provide you with an estimate of what you could get if you were to pursue legal action.

Indiana’s Cap on Medical Malpractice Damages

The maximum recoverable in medical malpractice claims (including birth injury cases) is $1.8 million, as per Indiana Code § 34-18-14. Under this framework, healthcare providers are individually liable for up to $500,000 per claim, with any amount exceeding this covered by the Indiana Patient’s Compensation Fund (PCF).

However, certain exceptions may exist, such as cases involving willful misconduct or gross negligence, which could potentially allow for additional compensation beyond the statutory limits. Consult with a knowledgeable attorney as soon as possible after the injury to determine the full extent of recoverable damages in your case.

How Are Future Needs Assessed in a Birth Injury Claim?

Beyond the immediate care costs, we also include future needs in your birth injury claim. To do so, our team works with diverse professionals who can provide detailed projections of the injuries’ impact long term.

For example, life care planning experts evaluate the child’s long-term medical, therapeutic, and personal care needs. They consider factors such as anticipated medical advancements, potential therapies, and the cost of assistive devices or home modifications over the child’s lifetime.

Other expert witnesses, including medical specialists and financial planners, also collaborate to create a comprehensive life care plan. This plan serves as a foundation for the compensation claim, ensuring that every foreseeable expense is accounted for. Then, our lawyers use these projections to build a case that fully addresses the child’s needs.

Can Parents Also Seek Compensation?

Parents may also be eligible for compensation in birth injury cases. Common areas of compensation for parents include:

• Loss of income and earning capacity: Parents may need to reduce work hours or leave their jobs entirely to care for their child. Compensation can help offset this loss of income.
• Emotional distress for parents: The trauma and lifestyle changes that come with caring for a child with special needs can be overwhelming. Parents may be compensated for the emotional toll and adjustments required.

Statute of Limitations for Birth Injury Claims in Indiana

Indiana’s statute of limitations for medical malpractice cases establishes a strict deadline to build a case and file a claim, which is generally two years from the date of the injury.

However, there are some exceptions depending on your case’s specific circumstances. Make sure you consult with a lawyer as soon as possible, as failing to file on time will result in losing your right to compensation altogether.

Consult a Birth Injury Lawyer in Indiana for Comprehensive Support

After a birth injury in Indiana, don’t navigate the legal process alone. The lawyers at Christie Farrell Lee & Bell can help you at every stage of your claim: from the initial consultation to the final resolution, we work to handle the case on your behalf while you and your family focus on recovery.

Plus, you can pursue legal action with no upfront costs, as we don’t charge any fees unless we win your case. Leverage our 40+ years of experience in Indiana today. Contact us to schedule a free consultation.