{"id":7012,"date":"2020-05-01T11:58:14","date_gmt":"2020-05-01T11:58:14","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=7012"},"modified":"2022-01-05T07:15:33","modified_gmt":"2022-01-05T07:15:33","slug":"assessing-damages-for-birth-injury","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/assessing-damages-for-birth-injury\/","title":{"rendered":"How damages are assessed for Birth Injury in Canada?"},"content":{"rendered":"<p dir=\"ltr\"><span style=\"font-weight: 400;\">The birth of a child is one of the most joyful experiences anyone can have. Unfortunately, occasionally, due to the negligence of a medical professional, babies suffer an injury at birth.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Understandably, this puts families under a tremendous amount of pressure.. Financially as well as emotionally. There are medical bills to pay and special equipment to buy. Plus, one or both parents may need to take time off to care for their child.\u00a0<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">It is possible to claim compensation so that you have enough money to cover most of these additional costs and any loss of income. An <a href=\"https:\/\/diamondlaw.ca\/birth-injury-lawyer-toronto\">experienced Canadian birth injury lawyer<\/a> will be able to help you to make a successful claim.\u00a0<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Below,\u00a0 we tell you more about how damages are assessed for birth injuries in Canada. As well as what to expect during the claims process.<\/span><\/p>\n<h2 dir=\"ltr\"><b>Cost of Future Care<\/b><span style=\"font-weight: 400;\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<ul>\n<li dir=\"ltr\"><span style=\"font-weight: 400;\">Talk about how much more cost of care might increase due to a birth-related injury.<\/span><\/li>\n<\/ul>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Many children that suffer an injury at birth need long-term care. That ongoing cost can be crippling and it tends to go up, over the years.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">At Diamond Law, we know how to make sure that the compensation you receive reflects that fact. Thus ensuring that your child will receive the treatment and support they need throughout their life.<\/span><\/p>\n<h2 dir=\"ltr\"><b>Cost of Pain and Suffering<\/b><\/h2>\n<p>&nbsp;<\/p>\n<ul>\n<li dir=\"ltr\" style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Talk about how having your child suffer a birth-related injury takes much more than just a financial toll on parents.\u00a0\u00a0<\/span><\/li>\n<\/ul>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">After a birth injury, the changes in family life are also not easy to adapt to. The stress challenges even the strongest relationships. Parents suffer emotionally and many experience mental health issues.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">We are acutely aware of this, so we will be there to support you by taking on as much of the administrative burden as possible and doing what is necessary to build you a strong case. So, that you and your child are awarded the compensation you are all entitled to for your pain and suffering.<\/span><\/p>\n<h2 dir=\"ltr\"><b>Filing a lawsuit<\/b><\/h2>\n<ul>\n<li dir=\"ltr\" style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">In this section talk about the process, parents would go through in order to file a lawsuit against a hospital\/hospital staff that is responsible for a birth-related injury of their child. Set an internal link to <\/span><a href=\"https:\/\/diamondlaw.ca\/blog\/filing-a-lawsuit-for-birth-injuries-to-a-mother\"><span style=\"font-weight: 400;\">https:\/\/diamondlaw.ca\/blog\/filing-a-lawsuit-for-birth-injuries-to-a-mother<\/span><\/a><\/li>\n<\/ul>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">The process of filing a lawsuit is complex and drawn out. Medical records, eye-witness accounts, symptoms diaries, and photographic evidence need to be pulled together. Then sorted through, and presented in the correct way. We have the experience to make sure that is done properly.<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">This has to happen whether the claim is for <\/span><a href=\"https:\/\/diamondlaw.ca\/blog\/filing-a-lawsuit-for-birth-injuries-to-a-mother\"><span style=\"font-weight: 400;\">an injury that the mother sustained during birth<\/span><\/a><span style=\"font-weight: 400;\"> or an injury your child suffered. Once gathered, that evidence has to be crafted into a claim and be submitted to the right organizations.<\/span><\/p>\n<h4 dir=\"ltr\"><i><span style=\"font-weight: 400;\">Call the lawyers at Diamond and Diamond at 1-800-567-HURT (4878) or use our fast CASE EVALUATION TOOL to schedule your free consultation today.<\/span><\/i><\/h4>\n<h2 dir=\"ltr\"><b>How to Assess the Damages for Birth Injury<\/b><\/h2>\n<ul>\n<li dir=\"ltr\" style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">This section talks about how damages for injury claims are determined. Towards the end of the section telling readers that they need to be mindful that Canada has a 2-year statute of limitations for filing a birth injury claim.\u00a0<\/span><\/li>\n<\/ul>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">When determining how much compensation is paid for birth injuries, the courts take into consideration the cost of care, therapy, medication, and special equipment. As well as pain, suffering, and loss of earning potential.\u00a0<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">But you need to file your claim within 2 years of the injury occurring, or being discovered. You need to speak to a birth injury lawyer well before that deadline. To allow them enough time to pull together the necessary information to file your claim within the statute of limitations.<\/span><\/p>\n<h2 dir=\"ltr\"><b>Consult Our Birth Injury Lawyers From Diamond and Diamond<\/b><\/h2>\n<ul>\n<li dir=\"ltr\" style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Make this section a shorter CTA paragraph telling people to contact Diamond &amp; Diamond if they are planning to file a birth injury claim and that they can help new parents through this tough process. Set an internal link to <\/span><a href=\"https:\/\/diamondlaw.ca\/birth-injury-lawyer-toronto\"><span style=\"font-weight: 400;\">https:\/\/diamondlaw.ca\/birth-injury-lawyer-toronto<\/span><\/a><\/li>\n<\/ul>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">If you have any suspicion that your child or its mother has suffered an injury at the time of birth, please get in touch with us as soon as possible.\u00a0<\/span><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">The <\/span><a href=\"https:\/\/diamondlaw.ca\/birth-injury-lawyer-toronto\"><span style=\"font-weight: 400;\">Diamond Law birth injury team<\/span><\/a><span style=\"font-weight: 400;\"> is here to take you through the tough process of making your claim so you and your child get the right level of compensation.\u00a0<\/span><\/p>\n<h3 dir=\"ltr\"><b><\/b><b>Assessing Birth Injury Damages in Canada FAQs<\/b><\/h3>\n<p dir=\"ltr\" role=\"presentation\"><strong>How Long Does a Birth Injury Case Usually Take?\u00a0<\/strong><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">Typically, a birth injury case takes around two years to be completed. Sometimes, the other party will settle out of court. In which case, the claim is likely to be dealt with faster. Other times the process will take longer.\u00a0<\/span><\/p>\n<p dir=\"ltr\" role=\"presentation\"><strong>How do I select a Birth Injury lawyer?<\/strong><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">You need to select a birth injury lawyer that has experience of dealing with your type of case. They must also be someone you feel comfortable working with and can easily communicate with.<\/span><\/p>\n<p dir=\"ltr\" role=\"presentation\"><strong>How often do Birth Injuries Occur?\u00a0<\/strong><\/p>\n<p dir=\"ltr\"><span style=\"font-weight: 400;\">How often birth injuries occur varies depending on where you live and the medical practices and facilities that are available. In North America, just under 1% of births result in injury to the child or mother.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The birth of a child is one of the most joyful experiences anyone can have. Unfortunately, occasionally, due to the negligence of a medical professional, babies suffer an injury at birth. Understandably, this puts families under a tremendous amount of pressure.. Financially as well as emotionally. There are medical bills to pay and special equipment&hellip;<\/p>\n","protected":false},"author":1,"featured_media":11677,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"ngg_post_thumbnail":0,"footnotes":""},"categories":[812],"tags":[],"class_list":["post-7012","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-needs","entry"],"_links":{"self":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/posts\/7012","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/comments?post=7012"}],"version-history":[{"count":0,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/posts\/7012\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/media\/11677"}],"wp:attachment":[{"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/media?parent=7012"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/categories?post=7012"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/diamondlaw.ca\/wp-json\/wp\/v2\/tags?post=7012"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}