Birth Injury Damages and Caps in Orlando, FL: Understanding Compensation Calculation
Birth injuries can have a lasting impact on the lives of children and their families. If you reside in Orlando, Florida, and have experienced a birth injury, understanding how damages are calculated is essential for pursuing a fair compensation claim. This article explores how birth injury damages are calculated in Orlando, FL, and whether there are any caps on damages in such cases. It also emphasizes the importance of consulting with experienced Orlando birth injury attorneys to navigate the complexities of the legal process.
Calculating Birth Injury Damages:
Economic Damages:
- Economic damages aim to compensate the injured child for measurable financial losses resulting from the birth injury. They typically include medical expenses, such as hospital bills, doctor visits, surgeries, medications, therapy, and rehabilitation costs. These expenses can be substantial, considering the long-term medical care often required for birth injuries. Additionally, economic damages may cover future medical expenses, including ongoing treatment and specialized care.
Non-Economic Damages:
- Non-economic damages are intended to compensate for the physical and emotional pain, suffering, and diminished quality of life resulting from the birth injury. These damages are more subjective and harder to quantify. They consider factors such as physical and emotional distress, loss of enjoyment of life, permanent disability, disfigurement, and the impact on the child’s relationships and future opportunities.
Loss of Consortium:
- In some cases, birth injury damages may extend to include compensation for the parents’ loss of consortium. This refers to the loss of companionship, affection, and the ability to enjoy a normal parent-child relationship due to the birth injury.
Caps on Damages in Birth Injury Cases:
Florida law imposes caps on non-economic damages in medical malpractice cases, including birth injury cases. These caps are set forth under Florida Statutes Section 766.118. However, there are exceptions to these caps for cases involving catastrophic injuries, such as severe brain damage or quadriplegia. In such cases, the caps do not apply, and the injured party may seek a higher amount of non-economic damages.
It is important to note that the caps on damages do not apply to economic damages, including medical expenses and future medical care costs. Economic damages can be claimed without limitations in birth injury cases.
The Role of Orlando Birth Injury Attorneys:
Navigating the complex process of calculating birth injury damages and understanding the applicability of caps requires the expertise of experienced Orlando birth injury attorneys. They possess comprehensive knowledge of Florida’s medical malpractice laws, including the specific regulations and exceptions related to birth injury cases.
Florida birth injury attorneys can analyze the specific circumstances of your case, evaluate the extent of the damages, and determine the appropriate compensation to seek. They work closely with medical experts and other professionals to build a strong case that accurately reflects the long-term financial and emotional impact of the birth injury. Their goal is to ensure that families receive the maximum compensation available under the law.
Conclusion:
Calculating birth injury damages in Orlando, FL, involves considering economic and non-economic factors to provide fair compensation for the injured child and their family. While Florida law imposes caps on non-economic damages, there are exceptions for cases involving catastrophic injuries. Working with experienced Orlando birth injury attorneys is crucial to navigate the legal process, accurately calculate damages, and pursue the compensation that adequately addresses the physical, emotional, and financial consequences of the birth injury.
