You’re staring down a future that looks nothing like you planned. Your child’s preventable birth injury has brought not only immense heartache but also a daunting financial burden. In Maryland, obtaining compensation isn’t about a quick fix; it’s about securing the resources your family needs for the long haul.
Averages are helpful, but your situation is unique, and understanding how birth injury settlements are actually calculated is crucial. If you’re asking, “What kind of support can we realistically expect?” you’ve come to the right place. We’re cutting through the noise to give you a clear picture of the factors that truly matter when determining the financial security your child deserves.
Factors Affecting the Average Birth Injury Settlement
Although it’s natural to want a specific number, birth injury settlements vary widely depending on several important details. A mild injury with a short recovery may result in modest compensation, while a severe, permanent disability could lead to a multimillion-dollar settlement. Common factors that influence an average birth injury settlement include:
- Injury severity—more severe injuries typically result in higher compensation due to increased medical needs and life care costs;
- Lifetime medical expenses—anticipated future costs for surgeries, therapies, medications, and assistive devices;
- Lost earning capacity—if the injury affects the child’s ability to work in the future;
- Pain and suffering—compensation for physical pain and emotional distress experienced by the child and family;
- Degree of negligence—clear evidence of medical malpractice can influence settlement amounts; and
- Legal caps on damages—Maryland law imposes limits on certain types of damages, which can affect the total settlement.
No two birth injury cases are the same, but understanding these factors can help you set realistic expectations.
Maryland’s Legal Landscape: Key Laws Affecting Birth Injury Cases
If you’re considering a birth injury claim in Maryland, there are a few important legal rules you should understand. These laws can directly impact whether you’re eligible to file a lawsuit and how much compensation may be available. Here’s what every parent needs to know.
Statute of Limitations for Birth Injury Claims in Maryland
For birth injury cases involving children, Maryland law delays the start of the 3 year statute of limitations until the child reaches 18 years of age. This gives families time to understand the full extent of the injury before filing a claim.
Damage Caps in Maryland Birth Injury Cases
Yes, Maryland has a legal cap on noneconomic damages in medical malpractice cases, including those involving birth injuries. Noneconomic damages refer to compensation for intangible things like pain and suffering, emotional distress, and loss of enjoyment of life.
This cap increases slightly each year due to inflation adjustments, but it still limits the total amount a family can recover for these intangible losses. However, there is no cap on economic damages, such as medical bills, therapy, assistive devices, or long-term care costs.
Understanding the distinction between capped and uncapped damages is important when estimating the potential value of a birth injury settlement.
Why Choose Brockstedt Mandalas Federico LLC?
At Brockstedt Mandalas Federico LLC, we understand the profound impact a birth injury can have on a family. Our dedicated team of attorneys is committed to providing compassionate and personalized legal representation. We have a proven track record of securing significant client settlements and verdicts, reflecting our deep commitment to justice and advocacy.
What sets us apart is not just our results but our reputation. Partner Philip C. Federico has led groundbreaking litigation, securing verdicts and settlements exceeding one billion dollars. Our attorneys are well-recognized, including being named to the 2025 edition of Super Lawyers, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, and the Green 500 for environmental law. These recognitions are a reflection of our values: dedication, excellence, and an unwavering commitment to the people we serve.
Taking the Next Step After a Birth Injury
There’s no such thing as an “average” birth injury or an “average” family impacted by one. While you may hear figures ranging from hundreds of thousands to millions of dollars, the only settlement that matters is the one that meets your child’s needs and supports your family’s future.
If you’re facing questions about a possible birth injury, don’t try to navigate the system alone. A trusted legal team can help you evaluate your situation and take the next step toward justice and healing. Contact us for a case consultation so we can answer your questions and begin putting our knowledge and experience to work for you and your family. Let us handle the legal work so you can focus on recovery.
FAQs
How Much Is the Average Birth Injury Settlement?
There is no set number for an average birth injury settlement in Maryland. Compensation depends on the severity of the injury, long-term care needs, and the strength of the evidence. Some cases may settle for hundreds of thousands, while others result in multi-million-dollar verdicts or settlements.
Can a Birth Injury Settlement Cover Lifetime Costs?
Yes. Birth injury settlements are intended to cover both economic and noneconomic damages, including future medical care, therapy, assistive technology, pain and suffering, and lost future income.
Do I Have to Go to Court to Receive a Birth Injury Settlement?
Not necessarily. Many birth injury cases are resolved through settlement negotiations without going to trial. However, if a fair offer isn’t made, your attorney may recommend litigation to protect your child’s rights.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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