If you or your child has experienced an injury during or after delivery, you may be able to file a birth injury lawsuit. This lawsuit will help you hold your medical care team accountable for their actions while also helping you get compensation for different types of damages, including ongoing medical expenses and pain and suffering. Calculating the cost of your medical expenses is relatively straightforward. But pain and suffering can be a bit harder to quantify.
Your Pennsylvania birth injury lawyer wants to help you understand the types of damages you may be eligible for. Let’s take a closer look at what pain and suffering are and how they may impact your settlement if your lawsuit is successful.
What Is Pain and Suffering?
Pain and suffering refer to both the physical pain and injuries you experience as well as the emotional pain and anguish you experience as a result of the birth injury. The court doesn’t base pain and suffering on things like medical bills or projected costs. They look at the amount of mental, physical, and emotional anguish the injury caused and try to determine a fair settlement.
This type of compensation may be awarded if the court feels that your birth injury resulted in significant physical and mental anguish. Keep in mind that pursuing damages for pain and suffering doesn’t mean you’re ineligible for additional types of damages. You may still pursue additional economic damages to help you cover current and future medical bills, and treatment costs, and lessen the financial impact of the birth injury. Your Pennsylvania birth injury attorney will help you better understand your options before filing your lawsuit.
How It Impacts Your Settlement
The money you receive for pain and suffering is distinct from the money you receive for medical bills and other calculable costs. That means your settlement may increase if you’re awarded damages for pain and suffering on top of economic damages. As we mentioned earlier, being compensated for pain and suffering won’t keep you from being able to pursue other damages or decrease the settlement you receive. Instead, it may increase the amount the court orders the medical provider to pay you.
Other Types of Damages You May Be Eligible For
The types of damages you may be eligible for will depend on your unique situation and the details surrounding your case. However, these are a few other types of damages that many individuals coping with a birth injury often pursue:
Compensation for medical bills associated with the birth injury
Money to pay for disability modifications to your home as a result of the birth injury
Compensation for lost wages resulting from caring for your child after the birth injury
This is far from a comprehensive list. Your Pennsylvania birth injury attorney will help you understand which damages you may be eligible for, how those damages could impact your settlement, and what you need to provide the court to best represent your case.
How to Tell if You Should Pursue Compensation for Pain and Suffering
Ultimately, making the decision to sue for pain and suffering in addition to other types of damages is something you and your attorney should explore together. They’ll be able to help you understand the legal aspects of your case and the types of damages you will pursue based on the details of your situation. However, if you’ve experienced significant emotional or mental anguish as a result of your child’s birth injury, suing for pain and suffering is always considered.
While money will not reverse the injury, it can make caring for your child easier.
Let Latona Law Help
If your child suffered a birth injury during or shortly after delivery, you may be able to hold the medical care team accountable for their actions. Let an experienced Pennsylvania birth injury lawyer at Latona Law help. Our team has represented many parents and families coping with a new normal after a birth injury and we’re committed to helping you see justice. Contact us today to schedule a consultation.