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How Much is the Average Birth Injury Settlement in New Jersey?

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How Much is the Average Birth Injury Settlement in New Jersey?

How Much is the Average Birth Injury Settlement in New Jersey?

Many birth injuries are caused by a doctor’s, midwife’s, or other healthcare provider’s negligence. When a birth injury was caused by medical malpractice, you and your family may be entitled to pursue a birth injury claim to recover financial compensation. Most claims are resolved through a settlement. You may be wondering how much the average birth injury settlement is worth if you or your child were injured.

Keep reading to learn more about how a birth injury settlement works and can be reached.

Common Birth Injuries

Examples of birth injuries that can be suffered by children during pregnancy and delivery include:

  • Cerebral palsy
  • Erb’s palsy/brachial plexus injury
  • Herpes encephalitis
  • Intrauterine growth restriction
  • Hypoxic ischemic encephalopathy
  • Brain hemorrhage
  • Stoke
  • Periventricular leukomalacia
  • Persistent pulmonary hypertension
  • Hydrocephalus
  • Hypotonia
  • Hypoglycemia
  • Jaundice as a secondary complication of caput succedaneum

Examples of birth injuries to mothers include:

  • Vagina tearing
  • Postpartum hemorrhage
  • Ruptured uterus
  • Uterine inversion
  • Pelvic organ prolapse
  • Preeclampsia

What Can You Recover Compensation for in a Birth Injury Claim?

Depending on the type of birth injury you or your child suffered, filing a compensation claim is often necessary. This includes various expenses and losses that you incurred due to your or your child’s injury. Financial recovery in a birth injury claim can include:

  • Medical expenses for treatment and rehabilitation. This includes future anticipated medical expenses that you or your child will need.
  • Costs of long-term care and living assistance. This includes home health services, special education services for children, or institutional care for severely disabled children. This is necessary as parents age.
  • Lost wages or income when an injured mother needs to take additional time off work to recover
  • Loss of future earning capacity, including the estimated earnings that a severely disabled child would have earned but for their birth injury
  • Physical pain and emotional distress
  • Reduced enjoyment and quality of life due to physical disability, permanent scarring or disfigurement, or loss of fertility
  • Shortened life expectancy due to a child’s birth injury

Obtaining a Birth Injury Settlement

Because every case is different, there is no “average” birth injury settlement. Every child or mother will have their own unique needs for medical treatment and long-term care. Some of the factors that can impact the value of a birth injury settlement include:

  • The severity of the injury
  • The expense of medical treatment and rehabilitation
  • Whether the injured mother or child will need long-term care and support
  • Whether the birth injury results in permanent disability, impairment, or loss of bodily function
  • The extent of the at-fault medical providers’ insurance coverage
  • The strength of your evidence and legal claim

It is important to work with a medical malpractice attorney when pursuing a birth injury settlement. Insurance companies often find reasons to minimize or deny your claim. Your attorney can advocate on your family’s behalf to maximize your financial recovery. 

In addition, you should also keep the statute of limitations in mind when negotiating a birth injury settlement. Under New Jersey’s statute of limitations, an injured mother has two years after suffering a birth injury to file suit. If your child suffers a birth injury, your family has until your child’s 13th birthday to file suit. 

Contact A Medical Malpractice Attorney for a Consultation About Your Birth Injury Case in New Jersey

Were you or a loved one injured due to medical malpractice in New Jersey? If so, you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddonfield birth injury attorneys at the Law Offices of Andres & Berger P.C. can help. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Pennsauken, Voorhees, Lindenwold, and Collingswood. Call us today at 856-317-6558 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Hwy. E., Haddonfield, NJ 08033.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Sharon Smith

Mike Berger and staff were professional, pleasant, strategic and knowledgeable. The office always kept me informed about my case and moved the case along quicker than I expected. I would highly recommend them to anyone !!

Kathryn N.

Thank you from the bottom of my heart. Reliable, honest, driven, knowledgeable, compassionate, and highly respected among colleagues and medical professionals [...] fought for me during times when I wasn’t strong enough to fight for myself. The Andres & Berger law firm understands Complex Regional Pain Syndrome (CRPS) [...] thank you for your support and guidance over the years.

Mike V.

Mike Berger of Andres & Berger handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

Yadira R.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Gregory W.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

01 / 05

Results may vary depending on your particular facts and legal circumstances.

case results

View All Case Results

$9.2million

Settlement/

Anesthesia Malpractice

$1.6million

Settlement/

Birth Injury

$900thousand

Recovery/

Nursing Home Malpractice

$10.0million

Settlement/

Gas Explosion

$4.6million

Settlement/

Auto Accident

$855thousand

Settlement/

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