Your birth injury settlement or award depends on your case. If you have a compelling argument, you are well positioned to get more than just an average birth injury settlement. With help from an experienced Maryland birth injury lawyer, you can put together a strong argument that explains why you deserve the most compensation possible.
The Snyder Law Group, LLC has plenty of experience with birth injury lawsuits in Maryland. Our birth injury lawyer in Maryland can teach you about the average birth injury settlement and other legal topics. For more information, please reach out to us.
How Much Is the Average Settlement for Birth Injury Cases in Maryland?
There is no such thing as an “average” birth injury settlement in Maryland. Every birth injury lawsuit is different. How much money you receive in your birth injury case depends on the severity of the injury, how it occurred, and many other factors.
To boost your chances of getting the most infant injury compensation, it is in your best interests to partner with a Maryland birth injury attorney. Initially, your attorney learns about your case and walks you through the litigation process for medical malpractice payouts. They will also calculate your damages, file your claim, and build an argument that resonates with a judge or jury.
At The Snyder Law Group, LLC, we make it easy to connect with a best-in-class birth injury attorney in Maryland. We have secured settlements totaling thousands or millions of dollars for our clients — and we will help you get fair compensation in your birth injury lawsuit. To learn more, please get in touch with us.
What Damages Are Included in Birth Injury Settlements?
Compensatory damages in birth injury settlements include economic and non-economic compensation. You can receive economic damages based on medical expenses and other quantifiable losses relating to an injury that occurred at birth. Non-economic damages will be provided for suffering, pain, and other subjective losses.
There is no limit on the amount of economic compensation you can request in a medical malpractice lawsuit in Maryland. On the other hand, the Code of Maryland 3-2A-09 restricts the amount of non-economic damages that you can get. Since every birth injury case is unique, it would be best to go over the potential damages with an experienced birth injury lawyer in Maryland.
In rare instances, punitive damages are awarded in birth injury claims. These damages are provided to deter an at-fault party from committing acts of negligence in the future. There is no limit on the amount of punitive compensation that can be awarded in Maryland personal injury cases.
What Is the Average Settlement Process Like in Maryland?
Typically, it takes months or years to get a settlement in a birth injury lawsuit in Maryland. There are several things that you will need to do to secure compensation from anyone responsible for your child’s injury that happened at birth. These are:
Gather Evidence
Collect medical records, photos, videos, and other pieces of evidence that show the severity of your child’s injury. If your son or daughter suffered a spinal cord injury or any other birth injury that has affected them for their entire life, you may have a wealth of evidence at your disposal. Each piece of evidence that you use can help you show a judge or jury that you deserve the maximum amount of compensation.
Consult with a Doctor
Meet with a doctor who can evaluate your child. This doctor can identify any signs that your child’s birth injury could have been prevented. They may even be able to serve as a witness if your birth injury case goes to trial.
Do Not Post Content on Social Media
Keep in mind that the defendant in your lawsuit will look for anything that they can use against you. As such, avoid publishing photos, videos, or other content on social media that could compromise your case. It may be beneficial to ask family members and friends to not post content on social networks about you or your child as well.
Hire an Attorney
Look for a lawyer who understands the average settlement process in Maryland. This attorney will advocate for you and make sure that you will not have to accept a “lowball” settlement. They will commit the time, energy, and resources required to build your argument and put you in the best position to secure the compensation you want.
Be Open to Settlement Negotiations
Stay in touch with your lawyer, and they will keep you up to date about any settlement proposals from the defendant. If you get a settlement offer and are unsure about what to do with it, your lawyer will help you out. Your attorney will go over a settlement proposal with you, help you assess its pros and cons, and make sure that you understand the ramifications of any decision you make.
Remain Patient
Do not expect to instantly get a settlement offer that lines up with your expectations. Over the course of your litigation, many settlement proposals may go back and forth between you and the defendant. Give any settlement offer that you get the attention it deserves, and if you are not satisfied with a proposal, decline it and continue with your litigation.
Be Prepared to Go to Trial
If you and the defendant cannot come to terms on a settlement, you and your lawyer will bring your case to trial. Communicate and collaborate with your lawyer before your trial date and share any legal concerns and questions you have with them. Your attorney will explain the trial process and make sure you know what will happen when you enter the courtroom.
For those who want to get a settlement relating to a birth injury, do not wait to file your claim, either. According to Maryland Courts and Judicial Proceedings Code section 5-109, you have up to three years from the date your child’s injury was discovered or five years from the date your son or daughter suffered their injury to sue for damages. If you choose not to file a claim, you are solely responsible for any costs relating to your child’s injury.
What It Takes to Get a Settlement or Award in a Maryland Birth Injury Case
To get a settlement or award in a Maryland birth injury lawsuit, account for contributory negligence. You are responsible for showing that an at-fault party is fully responsible for your child’s injury. If a judge or jury finds you are partly responsible for your son or daughter’s injury, you cannot receive any compensation.
Partner with a lawyer who will work in lockstep with you to craft your argument. Your attorney will prepare an argument that makes it clear that you are in no way responsible for your child’s injury. They will do everything in their power to show a medical provider was negligent, which led to your son or daughter’s injury.
The team at The Snyder Law Group, LLC has an outstanding track record in birth injury lawsuits. We will help you submit your claim for compensation and help you get a settlement or award from any at-fault parties. To schedule a free case evaluation, please contact us online or call us at 410-755-5829.