When a birth injury occurs, the emotional toll on a family is immediate, but the financial impact can last for years. In Baltimore, families coping with the aftermath of a birth injury often wonder: What kind of compensation can we expect?
While no amount of money can undo the trauma, understanding average settlement amounts in Maryland and what affects them can help families prepare for what lies ahead.
What is a Birth Injury Settlement?
A birth injury settlement is financial compensation paid to a family after a child is harmed due to medical negligence before, during, or shortly after birth. Unlike a trial verdict, which is decided by a jury, a settlement is typically reached through negotiation between legal representatives and the at-fault medical provider’s insurance company.
The purpose of a settlement is to cover a range of damages, such as:
- Medical expenses (past and future)
- Long-term care and therapy
- Pain and suffering
- Loss of quality of life
- Emotional distress for the child and parents
Many families prefer settlements over trials because they’re generally faster and more predictable, though in some cases, going to court may result in a higher award.
Average Birth Injury Settlement Amounts in Maryland (2025 Update)
In 2025, Maryland birth injury settlements can range from $250,000 to several million dollars, depending on the circumstances. For example, minor injuries with a full recovery may result in smaller settlements, while permanent disabilities like cerebral palsy or severe brain damage often lead to higher settlement outcomes.
What Factors Affect a Birth Injury Settlement Amount?
Not all birth injury claims are alike. Several key factors influence how much compensation a family may receive:
- Severity of the injury: Settlements are higher when the child suffers permanent impairments, such as limited mobility, intellectual disabilities, or the need for lifelong medical care.
- Future medical needs: If the child requires ongoing therapy, surgeries, assistive technology, or in-home care, those future expenses are calculated into the settlement amount.
- Clear liability: The stronger the evidence that the medical team made a preventable error, such as failing to respond to fetal distress, the more leverage your legal team has to secure a higher payout.
- Whether the case goes to trial: Settlements tend to be lower than jury verdicts, but they come with the benefits of avoiding a lengthy legal process. Still, if negotiations stall, a trial may offer a better path to fair compensation.
- Maryland’s damage caps: As of 2025, Maryland limits non-economic damages (like pain and suffering) in medical malpractice cases. These caps adjust yearly but can still impact the final amount, especially in cases where emotional damages make up a large portion of the claim.
What Baltimore Families Should Expect When Pursuing a Claim
Filing a birth injury claim isn’t a quick or simple process, but it can be manageable with the right support.
Timelines
Reaching a settlement may take several months to a few years, depending on case complexity and whether it’s resolved through negotiation or litigation.
Documentation is Key
Keep medical records, receipts, and a log of your child’s care needs. Organized documentation helps your legal team build a stronger case.
Legal Guidance Matters
An experienced birth injury lawyer Baltimore can assess your case, bring in medical experts, and negotiate with insurers on your behalf. Their role is not only legal but also strategic. They know when a settlement offer is fair or if it’s worth pushing further.
Be Cautious With Early Offers
Insurance companies may offer a quick settlement early in the process. While tempting, these offers often fall short of covering long-term care and future needs. Take your time, get legal input, and don’t rush the process.
Common Myths About Birth Injury Settlements
There are plenty of misconceptions that can cloud families’ judgment during a difficult time. Here are a few to be aware of:
“Every case results in millions.”
Not necessarily. Only cases with clear evidence of negligence and lasting harm reach the higher end of the settlement spectrum.
“You’re just getting paid for pain and suffering.”
While non-economic damages are part of the claim, a large portion often goes toward medical expenses, lost wages (for parents), and the child’s future care.
“It’s too late to file.”
In Maryland, the statute of limitations for medical malpractice is typically five years from the date of injury or three years from when it was discovered, whichever is earlier. For birth injuries, the timeline may extend until the child turns 11, depending on the case.
Conclusion
A birth injury is a life-altering event, but it doesn’t have to define your child’s future or your family’s financial stability. Knowing what birth injury settlements look like in Maryland gives you a clearer picture of what to expect and how to move forward.
Every case is unique, and the journey may be long, but you don’t have to face it alone. With the right legal support and a patient, informed approach, you can pursue the compensation needed to support your child’s care and recovery for years to come.