Everyone who gives birth wants a perfect child. Sometimes it is not possible because of unfortunate circumstances. But sometimes birth injuries that are due to medical negligence or malpractice create lifelong financial burdens for which the parents of the child should not be responsible.
When a child suffers a serious birth injury, the type that often causes cerebral palsy, gaining lifetime benefits can improve your and your child’s life for the better in significant ways. The law recognizes that your child’s life-altering disability can change your lives forever. The law also recognizes that a family with a child that has endured a serious birth injury requiring a lifetime of care is entitled to pursue financial compensation should the birth injury be caused by negligence.
The amount of money needed to care for a permanently disabled child can reach into the millions and can devastate a family financially. There is no shame in seeking the help you need for something that was not your fault.
The Basics of Lifetime Benefits
The phrase “lifetime benefits” means financial compensation that is intended to make up for a lifetime of injury and loss arising from a child injured at birth by medical negligence. Such a figure is unique to each case, accounting for various therapies, the loss of the ability to work, any assistance needed for daily care, and the like. The court will scrutinize the case’s facts to make sure that the award granted is appropriate and sufficient to ensure care.
An award of lifetime benefits is meant to offset certain lifelong expenses, such as:
- Medical therapies and treatments
- Medical equipment that assists the child
- Special vehicles and any necessary modifications to the vehicles
- Any housing modifications needed for the child to live at home
- The expenses of daily living for the child’s benefit
- Any needed personal care assistance
- Any needed expenses for education.
The amount of compensation can be determined by a number of factors, such as:
- The child’s abilities and impairments
- Expenses that are related to the injury and impairments
- The child’s inability to care for himself or herself, which can be lifelong
- The child’s inability to work, which can be lifelong
- The amount of time that the child is expected to live
- Other related damages.
How Are the Awards Handled?
Lifetime benefit awards sometimes run into the millions and are often structured financially so that the money is accessible for the child’s expenses but is also tax-advantaged so as to have the best financial result for the child.
However, the most important aspect of a lifetime benefit award concerns your peace of mind for your child. Lifetime benefits, properly handled, can ensure care even if you are no longer around. But there is a statute of limitations, or a time limit, on bringing a suit involving the medical malpractice that resulted in your child’s injuries. Your best bet is to seek legal assistance from an experienced, compassionate attorney who can help you and your child obtain the justice you deserve.
Is your child suffering from a serious birth injury that has you looking at a lifetime of care expenses? At the Louthian Law Firm, we handle birth injury cases throughout South Carolina and have extensive experience in all areas of personal injury and malpractice law. We’re committed to putting that experience to work for you, offering the personal service and understanding that families in crisis need. If your child has experienced a birth injury, it is important that you speak with us. We always offer free consultations with no further obligation on your part. To schedule your case evaluation, call the Louthian Law Firm today toll free at 1-803-454-1200, or use our online contact form.