Negotiation Strategies for Birth Injury Settlements

Get insight into negotiation strategies to maximize compensation in a cerebral palsy settlement.

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Factors That Impact Settlement Amounts

Many cerebral palsy lawsuits never go to trial. A trial can be an expensive, prolonged ordeal that could potentially end with little or no compensation for the family. Additionally, a cerebral palsy lawsuit that is decided at trial can also be appealed by either party, extending the amount of time it could take before a family sees any compensation. Finally, many defendants prefer to negotiate a settlement rather than go through the expense, publicity, and demands of a trial.

When a birth injury lawyer begins negotiating a settlement, there are several important factors they’ll consider that may impact the settlement amount. These include:

  • The severity of the injury. There are five main types of cerebral palsy with severity classifications ranging from mild to moderate to severe. A child with mild cerebral palsy has the ability to move without assistance and daily activities are generally unaffected. A child with moderate cerebral palsy may need braces, medications, or adaptive technologies to complete daily tasks. A child with severe cerebral palsy will require a wheelchair for mobility issues and faces significant challenges completing daily activities.
  • Medical costs. These encompass the cost of rehabilitation, treatments, medication, medical equipment, hospital and doctor visits, surgeries, and more.
  • The cost of future care. Projected costs for a lifetime of physical, mental, and medical care for the child is considered.
  • Loss of earning capacity. A child’s ability to work or earn a living later in life along with their earning capacity can be greatly affected by their limitations as a result of cerebral palsy.
  • Pain and suffering. While this is subjective, it is an important factor in helping determine a settlement amount.
  • Liability. This is determined by the strength of the evidence of causation as well as to what degree the injury was preventable.
  • Insurance policy limits. Limits on the defendant’s insurance policy can also factor into a settlement amount determination.
  • Jurisdiction and precedents. The jurisdiction in which the lawsuit is filed can impact settlement amounts as well as any precedent-setting cases that resulted in large awards.
  • Willingness to litigate. The plaintiff’s willingness to go to trial can also affect a settlement amount, especially if the defendant is eager to avoid the expense and uncertainties of a jury trial.
  • Negotiating skills. The negotiating skills of a birth injury lawyer can play a significant role in the final settlement amount.

Effective Negotiation Strategies

There are several effective negotiating strategies a birth injury lawyer may utilize to maximize the amount of compensation for a plaintiff, including:

  • Gathering strong evidence. This would include obtaining medical records, witness statements, and expert testimony to build a strong case of causation and liability.
  • Using expert witnesses. Expert witnesses can review medical records and apply their expertise to help prove culpability, the severity of the injury, the level of care that the child will require, and more.
  • Presenting a current list of damages. These include medical bills, hospital stays, adaptive technologies, home/auto modifications, and educational expenses from the time of the child’s birth to the present.
  • Presenting future potential damages. Preparing a life care plan that details future expenses including lost wages, therapies, medications, pain and suffering, caregiving, and education can be impactful.
  • Comparing your case to precedent-setting cases. This can help to illustrate the value of your case.
  • Being prepared to go to trial. Most defendants prefer to avoid going to court. If a plaintiff and their birth injury attorney are prepared to follow through to trial, this may strengthen their argument for a settlement.

The Birth Injury Lawyers at Pintas & Mullins Can Help

If you are considering filing a birth injury lawsuit, an experienced birth injury lawyer is critical to your case. The lawyers at Pintas & Mullins have been fighting for justice and compensation for families like yours for decades. We offer free consultations and case evaluations and we come to you, whether that’s at home or in the hospital. Call or text 800-970-4884 to schedule a case assessment or complete a Free Case Evaluation form online.

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Yes. Please have an attorney, paralegal, or staff member from Pintas & Mullins law firm or their co-counsel contact me as soon as possible to discuss my questions. They may contact me by email or telephone (including phone calls, text messages, autodialed / auto-selected or pre-recorded calls). I understand that message and data rates may apply and that consent to such contact is not required for use of these services. I also agree to the Privacy Policy, Anti Fraud Policy and online Terms, including its mandatory arbitration provision.
This field is for validation purposes and should be left unchanged.