How Your Child Can Be Compensated for Their Birth Injuries

by actuate | March 8th, 2021

Was your child harmed before, during, or after delivery? If so, you’ve undoubtedly experienced many emotions and difficulties since then. Knowing your child was harmed because of someone else’s negligence—especially when that person was supposed to care for them—can be devastating. But both you and your child can potentially recover compensation from their medical bills and pain and suffering.

As your child’s parent, you can file a compensation claim on their behalf. But as with other medical malpractice or personal injury claims, it must be filed within two years of the date the injury occurred if the claim is designed to compensate you or your spouse for your damages related to the birth injury. If the claim is designed to compensate your child, it must be filed by his or her 10th birthday if the injury occurred before they turned 8 years old.

Virginia also offers no-fault compensation for children who suffered birth injuries while protecting doctors and hospitals who elect to participate in this compensation program. This program covers children who suffered neurological injuries or disabilities that aren’t otherwise covered by governmental or private insurance policies. Covered injuries include those related to delivery and oxygen deprivation, and they must result in permanent motor damage to the development of motor and cognitive skills.

Birth injuries are extremely hard to deal with, especially when it comes to getting compensation. You have so much on your plate, and the last thing you want is endless back and forth with the insurance company and hospital. Contact the Virginia birth injury lawyers at Lowell Stanley Injury Lawyers today for a free consultation. We’ll work hard on your behalf, so you can focus on caring for your child.