How damages are assessed for Birth Injury in Canada? - Diamond and Diamond Lawyers

How damages are assessed for Birth Injury in Canada?

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 to buy. Plus, one or both parents may need to take time off to care for their child. 

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 experienced Canadian birth injury lawyer will be able to help you to make a successful claim. 

Below,  we tell you more about how damages are assessed for birth injuries in Canada. As well as what to expect during the claims process.

Cost of Future Care


  • Talk about how much more cost of care might increase due to a birth-related injury.

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.

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.

Cost of Pain and Suffering


  • Talk about how having your child suffer a birth-related injury takes much more than just a financial toll on parents.  

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.

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.

Filing a lawsuit

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.

This has to happen whether the claim is for an injury that the mother sustained during birth or an injury your child suffered. Once gathered, that evidence has to be crafted into a claim and be submitted to the right organizations.

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.

How to Assess the Damages for Birth Injury

  • 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. 

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. 

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.

Consult Our Birth Injury Lawyers From Diamond and Diamond

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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. 

The Diamond Law birth injury team is here to take you through the tough process of making your claim so you and your child get the right level of compensation. 

Assessing Birth Injury Damages in Canada FAQs

How Long Does a Birth Injury Case Usually Take? 

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. 

How do I select a Birth Injury lawyer?

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.

How often do Birth Injuries Occur? 

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.

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