A birth injury caused by medical negligence can alter the entire trajectory of a child’s life, and the financial toll on a family can be staggering from the very first day. When a healthcare provider’s failure to meet the standard of care results in a preventable injury during labor or delivery, families deserve to know exactly what their claim may be worth and what stands between them and fair compensation.
At Wagner Reese, we have represented Indiana families in birth injury cases for nearly three decades, and we understand that no two claims are alike. The compensation available to your family will depend on the severity of the injury, the lifetime costs it creates, and the specific laws governing medical malpractice claims in Indiana. Our attorneys work to help families understand their rights and pursue every dollar they are owed.
What Types of Damages Are Available in a Birth Injury Claim?
Birth injury claims typically fall under Indiana’s medical malpractice framework, which means compensation is organized into two primary categories: economic damages and non-economic damages.
Economic Damages
Economic damages cover the measurable financial losses your family has already suffered or will suffer in the future as a direct result of the birth injury. These are the most straightforward damages to calculate and typically make up the largest portion of a birth injury award.
Economic damages in a birth injury case may include:
- Past and future medical expenses, including surgeries, therapies, and equipment
- Costs for long-term or lifetime care and assisted living needs
- Lost earning capacity for a child whose injury affects their ability to work as an adult
- Educational and vocational rehabilitation expenses
The long-term care costs for conditions like cerebral palsy or birth asphyxia can easily reach into the millions of dollars over a lifetime, which is why thorough documentation and expert testimony are so critical to maximizing economic recovery.
Non-Economic Damages
Non-economic damages compensate for losses that do not come with a price tag but are no less real. As explained in our blog on pain and suffering damages, these awards account for the physical pain, emotional distress, and diminished quality of life that your child and your family experience because of the injury.
Indiana’s Cap on Medical Malpractice Damages
Indiana places a total cap on the amount of compensation that can be recovered in a medical malpractice case, which includes the vast majority of birth injury claims. Under Indiana law, the total damages cap is currently set at $1.8 million per occurrence. Of that amount, a healthcare provider’s liability is capped at $500,000, and any remaining damages above that threshold are paid out through the Indiana Patient’s Compensation Fund.
Understanding how this cap applies to your specific case is essential before accepting any settlement offer. Our team has written a detailed breakdown of Indiana’s medical malpractice cap on damages that walks families through what the limit means in practice. The Indiana Department of Insurance oversees the Patient’s Compensation Fund, which plays a direct role in how excess damages are distributed in qualifying cases.
Factors That Influence the Value of a Birth Injury Claim
The value of any individual birth injury claim is shaped by a number of variables that our attorneys carefully evaluate before entering negotiations or proceeding to trial. The severity and permanence of the injury typically have the greatest impact, as injuries requiring lifelong care carry far greater economic damages than those with a shorter recovery timeline.
Liability is another critical factor. Establishing that a healthcare provider breached the standard of care and that the breach directly caused the injury requires credible medical expert testimony. The strength of that evidence directly affects leverage in settlement discussions. The age of the child at the time of injury also matters, since a longer projected lifespan means a larger window of future costs. Our attorneys analyze each of these variables carefully to build the most complete and compelling damages picture possible.
Contact Wagner Reese LLP to Discuss Your Birth Injury Claim
When your family is facing the reality of a birth injury, the last thing you should have to navigate alone is the legal process for recovering what you are owed. The attorneys at Wagner Reese LLP have the experience, resources, and dedication to pursue maximum compensation on behalf of injured children and their families across Indiana.
Time is a factor in birth injury claims, as Indiana’s statute of limitations places strict deadlines on when a lawsuit can be filed. Do not wait to get answers. Contact us today to schedule a free consultation and learn what your birth injury claim may be worth.
