Are There Limits on Compensation for a Birth Injury?

When a doctor or nurse causes a child to develop cerebral palsy due to a brain injury, that care provider may be held liable for the cost of future treatments for that child. However, some laws on injury compensation can put a restriction over how much a family may receive from a birth injury lawsuit. These compensation damage caps, as they’re commonly known, can limit the amount of money a family may be entitled to if their lawsuit is successful.

If your child has developed cerebral palsy because of a doctor or nurse’s negligent care, we may be able to work with you to file for financial compensation. To discuss your legal options with a knowledgeable attorney, contact the cerebral palsy birth injury lawyers of the Driscoll Firm, today at (800) 305-9800.

How Can Compensation Be Limited?

Different states have the right to establish compensation limitations for medical malpractice and personal injury lawsuits. Generally speaking, these laws follow some of these rules:

  • Economic damages, or those for measurable treatment or management expenses, aren’t usually capped or limited
  • Expenses related to medical care, such as travel expenses, may be considered economic damages
  • Non-economic damages, or those for damages such as pain and suffering, may be capped in relation to economic damages

Before a person files a compensation claim, they may want to discuss if there is a cap on compensation for them and how that limit could affect their legal claim.

Contact Us

A child with cerebral palsy may require substantial medical care and additional assistance throughout their childhood, which can prove very expensive for a family lawsuit, contact the cerebral palsy birth injury attorneys of the Driscoll Firm, by calling (800) 305-9800 today.

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