When a child suffers a birth injury, the effects can reach far beyond medical bills and other financial costs. Families often face emotional challenges, lifestyle changes, and long-term hardships that cannot easily be measured in dollars and cents. These losses may be compensable under the law as non-economic damages.
Non-economic damages are an important part of many birth injury claims. They are intended to address the personal and emotional consequences of an injury rather than direct financial losses. Understanding how these damages work can help families better understand the value of a birth injury case.
What Are Non-Economic Damages?
Non-economic damages compensate people for losses that lack a specific dollar value. Unlike medical expenses or lost income, these damages are not based on receipts, invoices, or pay stubs.
Instead, non-economic damages focus on the human impact of an injury. In a birth injury case, they may account for the pain, suffering, and emotional effects experienced by the child and, in some situations, the child’s family.
Because these damages are subjective, they are often one of the most disputed aspects of a birth injury claim.
How Are Non-Economic Damages Different From Economic Damages?
Economic damages cover measurable financial losses caused by an injury. These damages are generally easier to calculate because they are supported by documentation.
Examples of economic damages may include:
- Medical expenses
- Future medical care
- Therapy and rehabilitation costs
- Specialized equipment
- Home modifications
- Lost earning capacity
These losses can often be calculated using records, bills, and expert testimony.
Non-economic damages address losses that are real but much harder to measure.
What Types of Non-Economic Damages May Be Available?
Birth injuries can affect a child’s quality of life for years or even a lifetime. Non-economic damages attempt to recognize those impacts.
Examples may include:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of independence
- Permanent disability
- Physical impairment
- Disfigurement
These damages acknowledge that an injury can affect every part of a person’s life, even when there is no direct financial cost attached to the loss.
Why Are Non-Economic Damages Important in Birth Injury Cases?
Birth injuries often result in long-term or permanent conditions. Some children may require ongoing medical care, therapy, or assistance throughout their lives.
The effects of a serious birth injury are not limited to financial costs. Children may experience physical limitations, chronic discomfort, and emotional struggles, and may have difficulty participating in everyday activities.
Non-economic damages recognize that these losses deserve compensation. Without them, a legal claim might limit recovery to medical expenses, overlooking the personal impact of the injury on the child’s daily life and future opportunities.
Common Birth Injuries That May Result in Non-Economic Damages
Many types of birth injuries can lead to claims for non-economic damages. The severity of the injury often affects the amount of compensation available.
Examples of birth injuries include:
- Cerebral palsy
- Brachial plexus injuries
- Erb’s palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Brain injuries caused by oxygen deprivation
- Skull fractures
- Nerve damage
- Spinal cord injuries
Each case is unique, and the impact on the child may vary significantly depending on the nature of the injury.
How Are Non-Economic Damages Calculated?
There is no fixed formula for calculating non-economic damages. Because these losses are personal and subjective, courts and juries consider many factors when determining a fair amount.
Factors that may influence non-economic damages include:
- The severity of the injury
- Whether the condition is permanent
- The child’s age
- The child’s limitations and disabilities
- Physical pain experienced by the child
- Emotional and psychological effects
- The impact on daily activities
Medical records, expert testimony, and evidence about the child’s life often help demonstrate the extent of these damages.
The more significant the injury’s impact, the greater the potential for non-economic damages.
Are Non-Economic Damages Capped in Georgia?
Georgia law previously included a cap on non-economic damages in certain medical malpractice cases. However, the Georgia Supreme Court ruled that the cap was unconstitutional.
As a result, there is currently no statutory cap on non-economic damages in Georgia medical malpractice cases, including birth injury claims. This means compensation is not automatically limited to a specific dollar amount solely because the damages are non-economic.
The value of a claim will depend on the facts, evidence, and circumstances of the individual case.
What Evidence Can Help Prove Non-Economic Damages?
Families may use evidence such as:
- Medical records
- Physician testimony
- Therapy records
- Psychological evaluations
- Testimony from parents and caregivers
- Educational records
- Expert opinions regarding future limitations
This evidence can help show how a birth injury has affected the child’s physical condition, emotional well-being, and overall quality of life.
Strong evidence often helps paint a clearer picture of the challenges a child may face in the future.
Contact the Atlanta Birth Injury Lawyers at Georgia Baby Safety for Legal Help Today
A serious birth injury can affect a child and family for years to come. While medical expenses are often substantial, the emotional and personal consequences of an injury can be equally significant. Non-economic damages help recognize those losses and provide compensation for the ways a birth injury may affect a child’s quality of life.
At Georgia Baby Safety, we help families understand their legal rights and pursue compensation for the full impact of a preventable birth injury. If you have questions about a potential birth injury claim, our Atlanta birth injury attorneys can explain your legal options and how experienced legal representation may help protect your family’s future.
Contact us today at (404) 721-1050 for a free consultation.