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Pain and Suffering Damages for Cerebral Palsy Birth Injuries

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If your child suffered a birth injury that led to cerebral palsy, you can expect that there will be physical pain that lasts a lifetime. The US Centers for Disease Control and Prevention mentions such complications as muscle stiffness, spasms, and difficulties controlled movement. However, your child may sustain additional losses while getting older. At a certain age, young people living with cerebral palsy may become self-conscious about being different from others.

These implications may constitute pain and suffering under Florida birth injury laws, so you could be entitled to compensation through a medical malpractice action. As such, you might find it useful to review some basic information about your options. 

How Damages Work in Birth Injury Cases: In general, monetary damages are intended to put your child and family in the same position as if the birth injury never occurred. You could be entitled to economic damages, including medical costs for treatment. Parents may also qualify for lost wages, if you needed to leave work to care for your child. Calculating these damages is often straightforward, since you have bills and pay stubs.

Non-economic damages are more difficult to assess in terms of a dollar value because they’re aimed at reimbursing for diminished quality of life. Pain and suffering damages for cerebral palsy birth injuries fall into this category. 

Pain and Suffering for Cerebral Palsy: You may not have receipts for the life-long consequences of a birth injury caused by cerebral palsy, but there is other evidence you can use to support your claim. Examples include:

  • Your child’s medical records that describe how cerebral palsy impacts quality of life, limitations, and potential treatments to alleviate symptoms;
  • Medical experts, who can explain and put into laymen’s terms how your child’s life and health are affected by cerebral palsy; and,
  • Other experts, especially professionals who can detail a life care plan that may be necessary to support your child’s well-being in the future.

In addition, your own input as a parent can act as powerful evidence in a birth injury case. You know your child best, so you’re in a position to provide a detailed description of the suffering and other consequences. 

Benefits of Pain and Suffering Damages for Your Child: Compensation won’t eliminate the hardship that your child will endure for his or her lifetime, but pain and suffering damages can make life easier on your entire family. You may choose to apply the funds to make renovations to your home or vehicle, or to pay for counseling and educational services.

Consult with a Florida Birth Injuries Lawyer Regarding Your Remedies

At Freidin Brown, P.A., our experienced Miami birth injury attorneys strive to obtain fair compensation for pain and suffering that result from cerebral palsy. We’re prepared to fight to ensure your family recovers the full range of monetary damages allowed by Florida law, so please contact our offices to set up a free consultation. Our team can explain more about pain and suffering in birth injury cases once we learn more about your unique circumstances.

Resource:

cdc.gov/ncbddd/cp/facts.html

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