How Is Birth Injury Compensation Calculated?

How Is Birth Injury Compensation Calculated?

Filing a birth injury claim can be complicated and time-consuming. The wisest thing to do if you are caught in the receiving end of a birth injury is to hire an attorney to examine your case and negotiate a reasonable settlement for you. A Tittle & Perlmuter lawyer will help calculate the level of compensation that will help meet your child’s special needs for the rest of their life.

Here are some of the factors that determine the compensation you will get for your newborn’s birth injury:


Your child’s care will depend on the degree of their injury and how it will affect them later in their life. Your lawyer, usually with the help of an independent physician, will conduct a comprehensive examination of your child’s injury and use the findings to determine how much it will potentially set you back. An important factor that goes into cost projection is the level of care that the parent would have afforded the child if the injury hadn’t happened.

Compensation, as regards care needs, may include fees for daytime caregivers, nighttime caregivers, and case managers.


Babies with birth injuries may require several special therapies both on short-term and long-run bases. Your attorney will calculate these costs and include them in your birth injury claim.


If the baby’s injuries lead to permanent physical disabilities, you may be prompted to move to a home that is adapted for people with such injuries. The costs of moving or redesigning your current home as well as maintaining it will be estimated and included in your claim.

Loss of earnings

Loss of earnings can apply to both the parent and the baby. You must be compensated for the time you take off work to spend with your baby in the hospital. Also, if you decide to be your child’s long-term caregiver, you are entitled to compensation for earnings lost if this involves resigning from your work altogether.

The baby may also be entitled to compensation for loss of earnings if the injuries are likely to prevent them from securing some types of employment in the future.

Care equipment and transport

Some injuries may necessitate the use of special equipment such as braille books and wheelchairs. The lifetime costs of such equipment will also be calculated and included in the claim. This includes the costs of acquiring them, the costs of maintaining them, and the costs of replacing them.

Clearly, it is virtually impossible to estimate your child’s compensation without an in-depth knowledge of the details and specific circumstances surrounding their injury. Getting these details is no child’s play either.

With the help of a lawyer that has handled similar cases before, the chance of leaving out important details while calculating your newborn’s compensation is minimal. Do not make any decisions or moves before consulting a birth injury lawyer. This includes revealing any information to representatives of your health care provider’s insurance company – who are likely to contact you offering what may seem like a substantial settlement.

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