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Birth Injury

Why You Should Know What “Caps” Are – Birth Injury Safety Check

No, not a baseball cap. A “cap” is a limit on the amount of money you can get in certain types of lawsuits. Some states treat birth injury cases very differently than others, allowing the jury to decide how much the victim deserves. Others cap the amount a victim can receive.

Birth injury attorney Laura Brown explains why in the video below. To find out about your state, contact Birth Injury Safety today.

When a child suffers a severe injury at birth, an injury to his or her brain, there are lots of damages that occur as a result of that. There will be medical expenses for the child, in the past and also into the child’s future. There will be rehabilitation costs that are needed for the child, future medical care and rehabilitation to maximize the child’s potential.

Those are what we call economic damages. There are also non-economic damages, things like physical pain and suffering. A baby with a birth injury can have contractures of his body where the arms or legs are very very tight and that’s very painful to the child and needs, child needs treatment as a result of that. There can also be significant impacts to the quality of that person’s life. Those kinds of damages are typically referred to as non-economic damages.

Some states will place a cap on the recovery of non-economic damages, it’s just an arbitrary number, there’s just a maximum that can be recovered and that’s it. Other states don’t have that cap and they allow a jury to listen to all of the evidence about the effect of the child and they let the jury make a determination about what’s fair in that particular circumstance.

So if you have a child that suffered a severe birth injury, you need to know what the law is in your particular state. You need to know what types of damages are recoverable and then whether or not there will be any caps applied to your child’s recovery.

So you need to find an attorney who is experienced in birth injury law and litigation and who can advise you about what the law is in your particular state and help you understand what you may be able to recover for your child’s future.