Birth Injury Settlement Guide: How Much Compensation for Birth Injury Can You Claim?

By Emery Ledger on April 5, 2026

For some moms, the wonder of having a baby ends in disaster. 

The tragedy is made even worse if it’s avoidable. If you find your child could have been alive, healthy, and happy if it weren’t for medical mistakes.

If medical malpractice caused or exacerbated your baby’s health problems or even killed him or her, you can sue for a birth injury settlement. This money, which is paid by the party or parties responsible for the malpractice, doesn’t make up for your loss at all. But it does provide for:

• Lost income
• Future medical expenses
• Therapy
• Medical equipment
• Funeral expenses

What Is a Birth Injury?  

•  A birth defect is a naturally-occurring problem. No-one caused it
• A birth injury is caused (or in some cases, made worse) by a medical professional’s actions or lack of action

Common birth injuries are:

• Cerebral palsy
• Brachial plexus injuries
• Erb’s Palsy
• Brain injuries
• Birth asphyxia
• Vacuum extractor injuries
• Umbilical cord strangulation

Injuries usually occur during labor or delivery. But you can also claim a birth injury settlement if the hospital made mistakes caring for you and/or your newborn immediately after birth.

Traumatic Births and Maternal Injuries

Your baby isn’t always the only one who suffers if your medical team doesn’t do their jobs right.

Mothers can suffer too. Some common causes of maternal injuries are:

• Improper use of vacuum extractors or forceps
• Giving the wrong amount of anesthesia
• Mismanagement of labor 

Women who suffer from one or more of these injuries may have:

• Tearing that causes incontinence or pain during sex
• Complications that make it hard to have another child
• Tearing that causes a painful hernia to develop

Emotional harm is yet another result of maternal injuries. It includes:

• Postpartum depression
• PTSD
• Ongoing nightmares
• Anxiety

If these forms of harm were avoidable, the guilty party should be held responsible. This provides the mother with compensation.  

When Is a Birth Injury a Case of Medical Malpractice? 

Complications happen: 

The baby gets stuck in the birth canal. The doctor uses forceps. The mother is injured. But without the use of forceps, the baby would have died.

The doctor sees the baby in distress. Performs a C-section as quickly as he can. But it’s still not enough to prevent a stillbirth.

And sometimes people screw up: 

• They don’t take action fast enough 
• They do things they shouldn’t 
• They don’t listen to the mother 

Sometimes, mistakes are the hospital or clinic’s fault. You can sue an institution if:

• It hired bad people because of bad vetting procedures
• It’s understaffed when it could have hired more people

Who Can Be Held Liable for a Birth Injury? 

• Obstetricians. If they didn’t notice potential problems that could lead to complications during labor/delivery
• Nurses
• Doctors
• Anesthesiologists (if you have a C-section)
• Other medical staff members
• Medical facilities

Sometimes, more than one party is to blame. 

What Is a Birth Injury Settlement? 

In a settlement, both parties agree to compensation out of court. 

If both parties can’t agree, the case goes to court.
The negotiation process isn’t as long as a court case. But it’s still complicated. There’ll be disagreements about:

• Who’s to blame
• How much to blame each person/facility is
• How much damage was done
• How much the long-term bills will cost
• The payment structure – lump sum vs. structured payments 

What Is the Average Birth Injury Settlement? 

The average settlement is over a million dollars.

But how much compensation for birth injury you get depends on:

• How severe the injury is
• How long the damage will last
• How much money you’ll need as a result of the injury
• How negligent or incompetent the guilty party was
• How much evidence you have (and how strong it is)

Average Settlement for Birth Injury Cases 

No-one can tell you exactly how much you’ll get. Not even your lawyer.

But stats do show that:

• The average settlement is just over $1 million
• Damages for serious cases can be over $100 million

What Factors Affect Birth Injury Settlement Amounts? 

Some injuries are relatively minor.

A tear may be reparable by surgery. Erb’s palsy is treatable if it’s mild.

On the other hand, catastrophic injuries can last for life.

• You may have to stop working. 
• Your child might need expensive medical care for life
• You might need to renovate your home for medical equipment. 
• Cost of care is a big factor in a birth injury settlement. The more you’ll need to spend, the more you can claim in compensation. 
• Pain and suffering are also taken into account. 

Factors Impacting Birth Injury Compensation Amounts 

How much you’ll get depends on:

• How much money you’ve lost, how much you will lose, and how much you’ll need to pay for future care
• The level of emotional harm and pain and suffering incurred by the baby (and parents)
• Insurance policy limits. Medical professionals and facilities are insured. The insurer is the one that pays out the settlement
• What experts say about your case

Who Qualifies for Birth Injury Compensation?

The injured child qualifies for compensation. But it’s the parents or legal guardians who manage the funds received. 

Can I Claim for Birth Injury? 

The answer to the question, “Can I claim for birth injury?” depends on:

• Are you the parent or guardian?
• Can you prove that malpractice happened?
• Did you file your case in court before your state’s statute of limitations ran out? 

Compensation in Birth Injury Cases 

You can claim compensation for:

• Medical bills
• Lost wages
• Therapy/rehabilitation
• Home modifications
• Pain and suffering
• Emotional harm

Steps to Seeking a Birth Injury Settlement

Want to file a birth injury claim? Start by talking with a good lawyer.

The lawyer will evaluate your case. Look at your evidence. Tell you if you have a valid claim.

If the lawyer agrees to take your case, he/she will:

• Collect more evidence
• Find expert witnesses
• File your claim
• Represent you in settlement negotiations

How to Pursue Birth Injury Lawsuit Settlements 

• Gather as much evidence as you can 
• Find expert witnesses to back you up
• Be prepared to negotiate. You won’t get as much as you’re asking for. But settling takes far less time than a court case. And you won’t risk losing compensation if the judge/jury sides with the other party
• If you do need to go to court, prepare for trial. This includes being ready to take the stand if your lawyer thinks you should

When to Pursue a Birth Injury Lawsuit Settlement 

If you or your baby suffered a birth injury, find out why as soon as you can.

Collect evidence. Do your own research and ask a lawyer and other doctors to confirm if malpractice happened.

File your case as soon as you have enough strong evidence to do so. If you wait too long, you won’t be able to claim compensation.  

Get Legal Help for Birth Injury Settlement Claims

The other party will have at least one lawyer. Likely more.

 You aren’t legally required to hire an attorney. But you will need one to win your case.

A good lawyer can help you:

• Collect evidence
• Find expert witnesses
• Avoid making mistakes that could cost you compensation

Good lawyers also have strong negotiating skills. They know how to make your case so you can claim maximum compensation. 

Conclusion: Understanding Your Rights in a Birth Injury Settlement

Medical facilities and practitioner are required to provide patients with proper care.

If they don’t, and you and/or your baby were injured as a result, you have the right to claim compensation.

But you’ll need strong evidence. And a good lawyer.  

Our attorneys at Ledger Law have the skills you’ll need to win your case. And we work on a “no-win, no-fee basis”. If you get nothing, we get nothing.

FAQs About Birth Injury Settlement Guide

How much compensation for birth injury cases can families receive?

Anywhere from one to a hundred million dollars.

What is the average birth injury settlement amount?

The average is about a million dollars.

Can I claim for birth injury caused by medical negligence?

Yes.

Who qualifies for birth injury compensation?

• An injured baby
• The baby’s parents or guardians

What factors affect a birth injury settlement amount?

• Amount and strength of your evidence
• How severe the injury is
• Expenses incurred because of the injury
• The level of pain, suffering, and emotional harm incurred
• How good your lawyer is  

How long does a birth injury lawsuit settlement take?

It can take one to three years if you settle.

• The preliminary investigation takes between three to nine months
• Investigations by both sides takes a year or two after your file your case
• The negotiation process takes a few months

What damages are included in a birth injury settlement?

• Economic
• Non-economic
• Pain/suffering
• Emotional harm
• Punitive 

Is there a time limit to file a birth injury claim?

Yes.  

Do most birth injury cases settle out of court?

Yes.

Emery Ledger

Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.