What is the Value of a Birth Injury Claim in Utah?

Legal Disclaimer: The following values are based on prior cases and should not be interpreted to imply or guarantee that your personal injury claim or lawsuit will have a similar resolution.  The circumstances of every accident and the resulting injuries are very different, and only after reviewing your matter in a detailed legal consultation can an attorney give legal guidance.  Moreover, a jury will determine the final value of your case.

This guide explains some key information about getting compensated if you, your wife, or your baby was injured during pregnancy or childbirth as a result of medical malpractice at a hospital in Utah.  However, for personalized legal guidance, it is critical that you consult with an experienced Utah birth injury attorney.  Call the law offices of Overson Law at (801) 895-3143 for a free and confidential legal consultation today.

How Much Compensation is Available for a Birth Injury to My Baby?

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Almost nothing could be more heartbreaking for a new parent than seeing your baby boy or girl suffer through pain, distress, and impairment because of a doctor’s careless actions.  Some common examples of birth injuries that can be caused by malpractice or negligent medical care include:

  • Brachial Plexus Injuries
  • Cognitive Disabilities
  • Cerebral Palsy
  • Erb’s Palsy
  • Nerve Damage
  • Paralysis
  • Shoulder Dystocia

While no amount of money can ever truly repair the harm your family has suffered, the compensation that may be recoverable through a lawsuit or settlement can help to ensure that your daughter or son will receive excellent medical care for their disability, illness, or injury.

Some states limit the amount of compensation an injury victim can receive.  These limits are called “damages caps,” where the term “damages” is another word for compensation.  Utah does not place any caps on economic damages, or compensation for financial losses.  Economic damages include the costs and financial losses resulting from:

  • Diminished earning capacity.
  • Future medical care.
  • Lost income, wages, and other earnings.
  • Various medical bills, including:
    • Counseling
    • Equipment/Devices
    • Hospitalization
    • Medication
    • Therapy
    • Surgery

Non-economic damages describe compensation for losses of a non-financial nature, meaning the pain, distress, depression, and psychological suffering caused by an infant’s injury.  Utah ruled that limits on non-economic damages for medical malpractice cases resulting in wrongful death were unconstitutional in 2015.

In some situations, it may be possible to recover punitive damages.  Unlike economic and non-economic damages, whose only purpose is to help restore the victim to his or her pre-injury state, punitive damages have another function: punishing defendants who engaged in extreme wrongdoing.  Punitive damages are also intended to deter future repeats of the same misconduct.

Birth Injury Verdicts and Settlements: What is Your Claim Worth?

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Every injury claim and lawsuit is impacted by a unique set of details and facts.  The value of your family’s birth injury lawsuit will ultimately depend on factors like:

  • The degree of physical and mental pain and suffering caused by the injury.
  • The extent to which the victim’s future ability to earn money, be independent, have relationships, and simply enjoy life will be affected by the injury.
  • The extent to which the victim will require care in the future, such as in-home care or anticipated surgeries.
  • The nature, severity, and permanence of the injury or disability.
  • Whether the injury will leave any permanent scars, or has already caused significant disfigurement to the child, particularly if located on prominently visible areas like the face or hands.

Because every situation is unique, it is impossible to say how much your family may be able to recover through a settlement or jury award without first reviewing your claim.  A settlement is a negotiated agreement that occurs when a case is successfully resolved before going to trial, while a verdict is a jury award resulting from a lawsuit.  Some settlement agreements must remain confidential under the terms of the agreement.

Get Legal Help from a Utah Malpractice Attorney if Your Infant Son or Daughter Was Injured

Birth injury cases are legally complex and emotionally charged.  You and your loved ones deserve the benefit of compassionate, supportive legal guidance to help you through this difficult time.

You will be up against experienced lawyers, so it is absolutely vital that you are represented by a knowledgeable and aggressive attorney of your own.  Salt Lake City birth malpractice attorney Darwin Overson has over 33 years of experience handling personal injury claims and lawsuits in Utah, and is dedicated to fighting in pursuit of justice and compensation for children, mothers, and fathers whose lives have been impacted by negligently inflicted birth injuries.

To arrange a confidential and completely free legal consultation with Darwin, call the law offices of Overson Law at (801) 895-3143.  Please don’t hesitate to call at any hour, no matter how late or early.  Darwin can answer your legal questions and help determine whether your family could have a malpractice case against your OB-GYN, nurse, midwife, or other healthcare professionals who assisted with you or your wife’s pregnancy or delivery.


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