Birth injury compensation is one of the most distressing and complex areas of personal injury law. Childbirth is never a completely risk-free event, and many birth injuries are the result of genetic disorders and other unavoidable circumstances.
However, some complications can be linked with negligence, so if you or your child has sustained injuries during childbirth due to the negligent actions of a medical professional, we can help you get the compensation to which you’re entitled.
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You have nothing to lose with our no win no fee guarantee as we take on your case and pay for all outlays and associated claim expenses, getting you access to the help you need quickly.
To help, we've pulled together some of the birth injury compensation questions & answers further below that may help you...
Frequently Asked Questions About Birth Injury Compensation Claims
Can I make a birth injury compensation claim?
Your right to make a birth injury compensation claim will depend on the circumstances in which you or your child were injured.
In order to qualify for damages, you’ll need to prove the following:
- That your healthcare provider failed in their duty of care
- That the negligent actions of your healthcare provider caused the birth injuries.
If you’re unsure whether your case meets the requirements for claiming for birth injury compensation, our lawyers can assess your situation and determine your entitlement to damages.
How do I make a birth injury compensation claim?
Every birth injury claim is unique, and different cases can involve different legal processes. Speaking with a lawyer is one of the first important steps in making a birth injury compensation claim.
In addition to informing you of your rights, a lawyer will be able to advise you on the best course of action to take with regards to lodging your claim.
You can book a free appointment with a lawyer and discuss your situation, and we will let you know your next steps.
How long do I have to make a claim?
Most birth injury claims fall under medical negligence law.
In Australia, the time limits for medical negligence claims can vary depending on where the injury occurred. In most states and territories, claimants have three years to begin legal proceedings.
However, this timeframe can vary depending on the circumstances of your case. To avoid forfeiting your right to claim, always take legal action quickly.
You may still be able to claim damages if you miss a deadline, but it can also complicate matters.
How much does it cost to make a birth injury claim?
Since every birth injury claim is different, it can be difficult to provide an estimate of the costs involved.
If you’re worried about racking up a large legal bill, The Personal Injuries Lawyers provide a No Win No Fee guarantee. This means we’ll cover every outlay and expense associated with your case, so you don’t have to pay anything upfront.
If you aren’t awarded any compensation, you won’t be required to cover the cost of our legal fees. In the event that you are awarded compensation, your legal fees will be deducted from any compensation you receive.
Under Australian law, No Win No Fee lawyers are highly regulated. Regardless of how much legal fees your case accrues, you’re always guaranteed to receive a fair amount of damages if your claim is successful.
How Much Compensation Did Other People Get Awarded?
✔ Check out the helpful compensation claim example case studies by category
How much will I get for my birth injury compensation?
The amount of damages you’re awarded will usually be determined by the type of injuries you or your child have sustained.
Cases where life-threatening or long-term injuries have occurred often involve larger payouts. (Read about compensation payouts in our case studies).
The compensation you receive can be used to cover:
- Medical treatment for injuries sustained during childbirth
- The cost of ongoing care, including rehabilitation, home adaptations and medical equipment
- Counselling services
- Pain and suffering (this can refer to both physical pain and emotional trauma)
- Loss of income or entitlement to work (this claim refers to people who, for example, need to become carers and can no longer work in their former capacity).
Working with The Personal Injury Lawyers can make it easier to prove that you qualify for these damages.
We are highly practised at negotiating with insurance companies and can help you access the compensation you deserve.
Will I need to go to court for a birth injury claim?
You may need to attend court, but only if your presence is deemed vital to the outcome of your case.
It’s not uncommon for birth injury claims to be settled out of court, but if you do need to appear, your lawyer may be able to attend on your behalf.
Who pays for birth injury compensation?
The insurer of your medical provider will usually pay for any compensation you’re awarded.
Do I need to seek a birth injury lawyer?
Seeking a birth injury lawyer is advisable if you’re planning to claim compensation.
This area of the law is known for its complexity – allowing a solicitor to handle your claim can simplify the process of building a strong case.
Frequently Asked Questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- How can I find out quickly if I can make a compensation claim?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
- Did you know that if you engage a domestic worker in your home, you could be liable to pay compensation if they are injured?
- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?
✔ There is only a small window in which you can make compensation claims in Queensland
✔ Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
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