Call Us Today - It's Free!
What to Expect From Your Birth Injury Lawsuit Settlement - morgan and morgan
Contact us today

Birth Injury Lawsuit Settlements

What to Expect From Your Birth Injury Lawsuit Settlement

five stars
1290 reviews
Contact us today
  • $15 Billion+ Won
  • 800+ Lawyers Nationwide
  • The Fee is FreeTM, Only Pay If We Win
  • America’s Largest Injury Law Firm
  • Protecting Families Since 1988
Birth Injury Lawsuit Settlements

The birth of a child represents a new beginning, full of hope and possibility. But when a child is injured at birth, it casts a dark shadow over their future. A birth injury can require physical therapy, special schooling, home modifications, and other types of care. And if that injury was preventable, it also raises legal questions.

Morgan & Morgan has seen firsthand how birth injuries not only have physical and emotional impacts but also put financial pressure on the family. Because the consequences of a birth injury can last a lifetime, birth injury lawsuits should result in substantial recoveries. These cases, however, are difficult and expensive to bring. They require a law firm with the strength and resources to effectively advocate for the family’s best long-term interests. 

Morgan & Morgan is that firm—with over 800 attorneys and 3,000 team members, we have the power to fight for you. If your child suffered a birth injury, find out how we can help by completing a free case review.

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
John Morgan icon

Find Out If You Are Eligible for a Birth Injury Lawsuit

Take our FREE quiz to see if you qualify for a case.

Begin Quiz


Morgan & Morgan

  • How Birth Injury Damages Are Calculated

    Birth injury lawsuits are a type of medical malpractice claim. Birth injury and medical malpractice cases settle out of court more than 95 percent of the time. According to recent data from the U.S. Department of Health and Human Services, medical malpractice lawsuits have some of the highest payments, averaging around $350,000. Obstetrics-related claims (i.e., claims related to childbirth) account for about 10 percent of all malpractice payouts. Permanent injuries requiring lifelong care, especially injuries to the brain, are associated with higher payouts.

    While data on average settlements is useful in general, it doesn’t say much about any particular case—that’s why you need a Morgan & Morgan attorney by your side. The biggest factors affecting a birth injury lawsuit settlement are:

    • The extent of care—including medical, nursing, therapeutic care, and attendant care—that the child will require over the course of their lifetime
    • The injured child’s life expectancy

    The types of damages that may be available in a birth injury case include:

    • Current and future medical expenses
    • Additional healthcare costs, such as occupational therapy, in-home care, and home modifications
    • Lost wages
    • Pain and suffering
    • Loss of enjoyment of life

    Find out if you are eligible for a birth injury lawsuit: Take our FREE QUIZ

  • Proving Your Birth Injury Case

    Birth injury lawsuits revolve around highly-technical medical issues. To win a birth injury case, the family of the injured child must prove that healthcare professionals deviated from accepted medical standards and that this substandard care caused the child’s birth injury. Errors can occur at different stages—both pre and post-birth—as well as during delivery. Common errors that can lead to birth injuries include:

    • Failure to properly manage a baby in the breech position
    • Failure to perform proper screening of the mother and/or child
    • Not performing a timely Caesarean section
    • Improper use of vacuum extractor or forceps
    • Failure to properly resuscitate a newborn in the delivery room
    • Failure to monitor a newborn’s vital signs

    Due to the technical medical arguments and evidence that must be presented in a birth injury lawsuit, lawyers typically call upon experts. In addition, a Morgan & Morgan attorney can present a variety of evidence to prove medical negligence in a birth injury case. Types of birth injury evidence can include:

    • Non-expert testimony from family members and non-family members such as teachers and therapists
    • Medical records (for mother and child)
    • Hospital policies and procedures for labor and delivery
    • A life care plan for the injured child
    • Photographs and video footage
  • Morgan & Morgan Is Here For You

    A small error or lapse in attention is all it takes to cause an injury that forever changes a child’s life. 

    While medical professionals are held to very high standards, proving that they made a mistake can be challenging. Don’t trust your case to just any firm. Trust Morgan & Morgan, the country’s largest injury law firm, which has already recovered more than $15 billion for clients just like you. It costs nothing upfront to hire us, and we only get paid if we achieve a verdict or settlement in your case.

    Learn how our birth injury attorneys may be able to help you and your family by completing a free case review.

Hear From Our Clients

We’ve helped over 300,000 families across the United States. See what they have to say.

Video Thumbnail 51bcb06a38fd51350ab04f248c54649b
Car Accident
5 stars

Our Personal Injury Lawyers
Have Over 55,000
5-Star Google Logo Reviews

Krista M.
They were caring and concerned about my case. They fought harder then I had intercepted. Communicated in many ways to make sure I understood. Thank you.
Video Thumbnail c365385942fb26326e4995f6183d63aa
Workers' Compensation
Nancy H.
The staff was amazing, they treated me with the utmost respect and professionalism. Kept me informed every step of the way about my case. Always asked how I was doing and was prompt with responding to any of my questions or concerns. They are a great team!
Video Thumbnail 419e5af5085d2d39d047d1f86b8ab922
Premises Liability
Mike J.
Morgan and Morgan is truly the best law firm! PERIOD! You could consider yourself blessed when they take your case. Immediately, you can breathe. Anxiety goes from a 10 to 0! I needed them 3 TIMES! I wish I didn’t have to hire an attorney but my family and I were blessed. We won every single time! Insurance companies truly know that they will take it to court! I got settlements for all 3 lawsuits. Never stepped a foot into a courtroom. Thank you so much Morgan & Morgan!
Video Thumbnail e583ee5c147184b7fadd90d29428fd88
Home Insurance Claim
Kourtney W.
The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. I would recommend Morgan & Morgan to anyone because THEY CARE!
Results may vary depending on your particular facts and legal circumstances.
See More

The Fee is FreeTM Only Pay If We Win.


Free case evaluation icon

Submit a Free Case Evaluation

You can find out if you qualify immediately.


Incoming icon

Get a Call From Us

Our specialists will walk you through your case and collect all the right information to win your case.


Woman with computer icon

Let Us Get to Work

Our specialized attorneys will handle every step of your case from start to finish. You don’t pay until we win.

Call Us Now

See Our Nationwide Results

We’ve won over $15 Billion for our clients in cases of all types. Let us work hard for you.

Car icon
Car Accident
Medical Malpractice icon
Medical Malpractice
Clock and money icon
Unpaid Overtime
Tobacco icon
Slip & Fall icon
Slip & Fall
Premises Liability icon
Premises Liability
Social Security icon
Social Security
Civil Rights icon
Civil Rights
Results may vary depending on your particular facts and legal circumstances.
Last updated on May 11, 2023

How Can We Help You Today?

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.