If your injury was caused by a criminal act or your child was born with birth injuries, you might want to start collecting the money you owe.
But even if you owe no money at all, it’s important to know what you owe, what you can and cannot collect and what you must do to get it.
Here are some important things to know before you file a claim.
How much is my claim?
The legal term for a wrongful birth injury claim is a “birth injury claim.”
A wrongful birth claim is when a parent or guardian intentionally or recklessly causes or knowingly causes harm to a child by causing or knowingly causing a birth injury.
This is called a “criminal act.”
When the criminal act is a criminal offense, the person or entity who caused the injury is usually a parent, guardian, employee, employee’s agent or employer.
What you can collect from the criminal claim: In addition to the legal fees you will be asked to pay, the court will order you to pay the civil damages that your child suffered as a result of the wrongful birth.
For example, if your child is injured by a child abuse or neglect, the civil award will be set by the court at $250,000, but the amount can vary depending on how much of the criminal damages are attributable to the wrongful child.
What cannot be collected from a wrongful claim are the medical bills for any injuries that occurred after the wrongful injury.
These can include prescriptions, hospitalizations, nursing home visits, occupational injuries, medical bills and other medical bills.
When you file the claim, you may be able to collect your child’s medical bills, and medical bills can be deducted from your child support payments.
But if you are able to do this, you must also pay the legal costs for the criminal charge.
For more information on child custody, child support and child abuse, call the ACLU’s Child Custody Unit at 1-800-799-4000.