4 Reasons to File a Birth Injury Claim

3 min read

A woman sitting on a hospital bed receives documents from a man in a black suit.

Each year, 7 out of 1,000 babies in the United States are born with a birth injury. Many families live with the challenges of preventable birth injuries, but not all choose to take legal action. Seeking justice can offer important benefits, like accessing financial compensation and gaining a sense of closure. Learn four common reasons families file birth injury claims.

1. Get Compensation to Help Cover Your Child’s Treatment

The main reason to file a birth injury lawsuit is to seek compensation — not for personal gain, but to ensure your child has access to the lifelong care and treatment they may need.

Compensation after a birth injury can provide critical support, including:

  • Giving you the freedom to prioritize your child’s care without financial stress
  • Helping with travel expenses for ongoing medical appointments
  • Securing the money to pay for specialized treatments for your child

Raising a child with special needs can be costly, making legal compensation for a birth injury invaluable. With an average birth injury lawsuit settlement of $1 million, taking legal action may help provide the care your child needs.

2. Seek Justice for Medical Malpractice

Another top reason families file birth injury lawsuits is to hold health care professionals accountable for medical malpractice.

If a medical mistake caused your child’s birth injury, holding negligent providers accountable can help ensure they don’t harm another child.

Working with a skilled birth injury lawyer can make the process as stress-free as possible. These skilled attorneys specialize in handling complex cases like birth injury lawsuits, allowing you to focus on your child’s care.

While nothing can undo the harm caused, many families find a sense of closure by taking legal action.

If your baby suffered preventable harm, a birth injury attorney may be able to help. Get a free case review right now to see if we can connect you.

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A free case review is the first step in pursuing compensation for you and your family.

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3. Get Support for the Lasting Effects of Birth Trauma

Birth injuries can have lasting effects on both the child and the family, leading to financial strain, ongoing medical needs, and emotional challenges.

While the focus of most birth injury claims is on the child’s injury, some cases may involve compensation for harm to the mother, like physical injuries sustained during delivery.

For example, in a recent case, a mother won a $30 million verdict after a negligent cesarean section (C-section) left her unable to have children in the future.

Trauma often comes with lasting effects, which may include:

  • Chronic physical pain or discomfort
  • Difficulty bonding with the child due to emotional strain
  • Disrupted sleep patterns, including insomnia
  • Emotional distress, such as anxiety or depression
  • Post-traumatic stress disorder (PTSD) symptoms

A birth injury claim can help secure the resources your family needs to move forward.

4. Inspire Other Families to Take Action Before It’s Too Late

Filing a lawsuit for labor and delivery malpractice cases is an important step in holding negligent parties accountable. Taking action not only helps your family but can inspire others to act before their own legal window closes.

The statute of limitations — the deadline to file a lawsuit — varies by state but usually starts when a child is born. Once the deadline passes, you can no longer take legal action, even if you have a strong case.

Acting quickly after a birth injury gives you the best chance to secure justice and support for your child’s future.

Get Legal Help for a Birth Injury

Birth injuries can leave families feeling overwhelmed and unsure of what went wrong or how to move forward. Speaking with an experienced attorney is often the first step toward securing justice and compensation for your family.

Our team of patient advocates and registered nurses is here to guide you, starting with a free case review to determine if you could be eligible for compensation.

Call us right now at (800) 914-1562 or get a free case review to see if we can help you provide a better future for your child.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. American SPCC. (May 21, 2024). Birth injuries that can devastate the lives of the child and their parents. Retrieved December 18, 2024, from https://americanspcc.org/birth-injuries-that-can-devastate-the-lives-of-the-child-and-their-parents/
  2. Cleveland Clinic. (2024, September 26). Birth trauma. Retrieved December 17, 2024, from https://my.clevelandclinic.org/health/diseases/birth-trauma
  3. March of Dimes. (2023, March). The toll of birth trauma on your health. Retrieved December 18, 2024, from https://www.marchofdimes.org/find-support/topics/postpartum/toll-birth-trauma-your-health