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FAQs
You should file a birth injury lawsuit as soon as possible after discovering the injury and suspecting medical negligence. In Ohio, the general statute of limitations is two years from the date the injury was, or when the injury reasonably should have been discovered.
In a birth injury claim, families can pursue several types of damages including:
- Pain and suffering
- Medical expenses
- Lost wages
- Future costs for care
The average birth injury settlement varies depending on the severity of the injury, long-term care needs, medical expenses, pain and suffering compensation, and the circumstances of the case. Settlements can range from tens of thousands of dollars for minor injuries to millions for severe injuries that require lifelong care such as cerebral palsy or permanent physical impairments.
A birth injury settlement is usually paid by the party or parties found liable for the injury. This often includes:
- Hospitals⎯Many settlements come from the hospital’s liability insurance if the staff or policies contributed to the injury.
- Doctors and other healthcare professionals⎯Individual providers may also be responsible if their negligence caused the injury, and their malpractice insurance can cover the settlement.
Most medical malpractice claims are ultimately paid through the provider’s or hospital’s insurance.
Cerebral palsy is a group of disorders that affect movement, muscle tone, and coordination. While there can be multiple causes, it often results from oxygen deprivation, trauma, or medical errors during labor or delivery. If a provider’s careless actions contribute to the condition, cerebral palsy may be the basis for a birth injury case.
Nothing! Postman Law works on a contingency fee basis, which means you don’t pay anything upfront. We only charge a fee if we win your case or secure a settlement for you. The fee is typically a percentage of the total compensation you receive.