How Is the Settlement Amount of a Birth Injury Lawsuit Calculated?

Philadelphia, PABirth injuries can be very expensive for the individual and their loved ones. Exorbitant hospital fees, the likelihood of lifetime treatment, and emotional pain and suffering mean massive monetary and ethical burdens. To calculate a fair amount of damages for a legal action, varying factors are taken into account and formulae are utilised.

How Is the Settlement Amount of a Birth Injury Lawsuit Calculated? If you are seeking legal representation, Raynes & Lawn is one of the leading law firms that deal with birth injury cases. Their experienced attorneys provide personalized legal assistance to families affected by birth injuries, helping them secure fair compensation. Learn more about your rights and how to file a claim by visiting Raynes & Lawn.

Key Factors for Setting Pay

The compensation amount for a birth injury lawsuit also depends on numerous factors, both economic and non-economic. The key factors are:

Physical Pain and Suffering and Emotional Distress: Payment for pain and emotional distress experienced by the child and their family.
Medical Expenses: Insurance for doctor’s fees, hospital stays, surgical procedures, rehab, medication, and other devices.
Cost of Long Term Care: If the child requires regular social or medical care, reimbursement also meets such expenditure.
Psychological Trauma and Emotional Suffering: Avenues for redress for mental pain and distress.
Disfigurement and Permanent Disability: The damages for irrevocable injuries, scarring, and disability.
Loss of Earnings and Loss of Earning Capacity: The parents, if they must leave their employment for their child’s care, may be reimbursed for lost salary and benefits.
Punitive Damages: The court may also impose additional payments in the form of punitive damages for extreme medical malpractice.

Methods of Calculating Compensation

Lawyers typically use two primary methods of calculating compensation, including the Multiplier Method and the Per Diem Method. The two methods guarantee fair calculation of the compensation amount.

The Per Diem Approach

This method involves paying a predetermined sum for each day of misery, times the number of days for which the ill consequences are expected.

Example:

If the rate for a single day is $200,
And the suffering period expected is 25 years (9,125 days),
The non-economic damages will amount to $1.825 million.

Economic damages are then quantified in order to calculate the amount of damages.

The Multiplier Method

This method depends on quantification of damages of an economic nature and their multiplication with a pre-determined multiplier of seriousness of consequences of the harm.

Conclusion

Determining the quantum of compensation for a birth injury lawsuit relies on a complete review of every causative factor of damages. The employment of the Per Diem and Multiplier methods ensures fair determination of the quantum of compensation. If your loved ones are undergoing the consequences of medical malpractice, then contacting qualified lawyers can be of paramount significance for your fair compensation and rights.