What damages can I claim in a birth injury lawsuit?

When a preventable medical mistake causes a birth injury, the emotional and financial impact on your family is immense. Pursuing a medical malpractice lawsuit in Ontario can help you secure the vital resources your child needs to live a comfortable and fulfilling life. At Gluckstein Lawyers, we fight hard to recover several types of damages on behalf of your family:

  • Special Damages (Future Care and Financial Losses)

Raising a child with severe medical needs requires significant financial support. Special damages are designed to cover these lifelong costs. This compensation pays for future medical care, specialized therapies, and essential medical equipment. It also covers the cost of making your home and vehicles fully accessible, as well as any lost income if you must stop working to care for your child full-time.

  • General Damages (Pain and Suffering)

Your child deserves justice for the physical pain and emotional suffering they have endured. General damages provide financial compensation for their loss of enjoyment of life. While money cannot undo the harm caused by medical negligence, it offers a measure of justice for the heavy burden placed upon your child.

  • Family Law Act Claims

In Ontario, a birth injury affects the entire family. Under the Family Law Act, parents, grandparents, and siblings can claim damages for the loss of care, guidance, and companionship they experience. Families can also recover out-of-pocket expenses related to the child's care and injury.

Our Commitment to Full-Circle Care.

At Gluckstein Lawyers, our support extends far beyond the courtroom. Through our unique Full-Circle Care approach, our in-house medical consultants work closely with you to guide your child's long-term rehabilitation and care plans. We treat your family with profound compassion, empathy, and respect at every step of the legal process.

You do not have to carry this financial burden alone. If you suspect your child’s injury was caused by a medical error, contact our dedicated birth injury lawyers today. We offer a free, no-obligation consultation to discuss your legal options and help you protect your child’s future.

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FAQs.

My child was diagnosed with CP. How can a lawyer help?
A cerebral palsy (CP) diagnosis changes your family's life. Gluckstein Lawyers can help by investigating your delivery for medical negligence and explaining your legal rights. We fight to secure the vital financial compensation required for your child’s lifelong care and support. Contact our compassionate birth injury team today for a free consultation to discuss your options.
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How do I find a birth injury lawyer who works on contingency?
If you need a birth injury lawyer who works on a contingency basis, look no further than Gluckstein Lawyers. We believe every family deserves access to justice, so we do not charge any upfront fees. You only pay if your case is successful. Contact our compassionate team today for a free consultation to discuss your legal options.
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Where can I find a birth injury lawyer in Toronto?
If you are looking for a trusted birth injury lawyer in Toronto, Gluckstein Lawyers is here to help. Based near the city centre, our dedicated medical malpractice team provides compassionate, full-circle care for families dealing with severe birth trauma. We offer free consultations to help you understand your legal rights and options moving forward.
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Who is the best birth injury lawyer in Ontario?
While it is hard to name just one "best" lawyer, Gluckstein Lawyers is a trusted leader in Ontario birth injury litigation. We offer expert, compassionate legal representation to families affected by birth trauma. Our devoted team fights hard to secure the compensation necessary to support your child’s lifelong care and honour their future needs.
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What causes birth injuries during delivery?
Birth injuries often result from difficult labor, unusual fetal positioning, or maternal health issues. Sometimes, medical errors occur, such as the improper use of delivery tools or delayed C-sections. If you suspect a medical mistake caused your child's injury, contact Gluckstein Lawyers for a free case assessment.
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Who Can Apply for the Canada Disability Benefit (CDB)?
To be eligible for the Canada Disability Benefit (CDB), the applicant must be between 18-64 years old, be approved for the Disability Tax Credit, and have filed income tax returns in the previous year.
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What other expenses are involved in an LTD claim?

Apart from legal fees, every case requires that the law firm incur certain expenses. Most expenses in an LTD claim are incurred in obtaining necessary information, including medical records, expert assessments, and reports from physicians and other healthcare providers. 

Other expenses will include court filing fees, process serving fees, and mediator fees. At the conclusion of a successful claim, we will seek to recover the above-mentioned expenses, known as ‘disbursements’, from the insurer. You will be responsible for the portion of expenses that are not recoverable from the insurer. Those expenses will be charged against your settlement or judgment. 

If we are unable to recover compensation for you, you will not be charged expenses.

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How much will my LTD claim cost me?

We will make reasonable efforts to resolve your long-term disability claim as quickly and cost-effectively as possible. 

Our team of  lawyers will review your long-term disability insurance policy when handling your LTD claim. We will also check your collective agreement if you are a union member. 

Additionally, we will look at the insurer’s claim file. We will examine the medical evidence and other facts supporting or weakening your long-term disability claim. We will also address the legal issues that need consideration. 

You usually pay fees, and applicable HST on fees, after the LTD claim ends. Whether you are required to pay fees will depend on the outcome of your claim. If you recover compensation through a settlement or judgment, a money fund will exist and legal fees will be payable out of that fund. If we are unable to recover compensation for you, no legal fees will be payable. 

If you are successful with your claim, the insurance company will pay a part of your legal bill as ‘costs’, effectively reducing the amount of fees that you owe to our firm. 

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What happens if I delay disputing an insurance company’s denial of long-term disability benefits?

If you wait too long to challenge an insurance company’s denial of your long-term disability benefits, you could lose your right to sue the insurer. This is one reason, among many, why it is essential to contact a lawyer immediately following a denial or termination of benefits.

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Can a long-term disability insurance company make me see a doctor they choose for a medical assessment?

Before a lawsuit starts, an insurance company is usually entitled, by the terms of the policy, to request reasonable medical examinations in order to substantiate or refute a claim of disability. 

However, this right has limits. You can ask for help in traveling for an assessment. This includes transportation, meal costs, and overnight hotel stays. 

Even after a lawsuit begins, the insurance company can set up medical assessments. The Rules of Civil Procedure, which dictate how lawsuits are to be conducted, allow specifically for this. 

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