Birth injury compensation claims guide

Birth injury lawyers servicing Brisbane, Gold Coast & all of QLD

Birth injury compensation is one of the most distressing and complex areas of personal injury law. Childbirth is never a completely risk-free event, and many birth injuries are the result of genetic disorders and other unavoidable circumstances.

However, some complications can be linked with negligence. If you or your child has sustained injuries during childbirth due to the negligent actions of a medical professional, we can help you lodge a birth injury claim.

The Personal Injury Lawyers will manage your case with care and sensitivity to get you the financial compensation you deserve.

No win no fee guaranteed, plus it pays for your injury expenses

You’ve nothing to lose with our no win no fee guarantee, if we don’t win, you don’t pay our professional fees

Our guarantee quickly pays for all outlays and associated claim expenses and you get access to the help you need

Frequently asked questions about birth injury compensation claims

Your right to make a birth injury compensation claim will depend on the circumstances in which you or your child were injured.

In order to qualify for damages, you’ll need to prove the following:

  • That your healthcare provider failed in their duty of care
  • That the negligent actions of your healthcare provider caused the birth injuries.

If you’re unsure whether your case meets the requirements for claiming for birth injury compensation, our lawyers can assess your situation and determine your entitlement to damages.

Birth injuries to the mother or child can occur for many reasons during labour and delivery. 

Some of the common injuries that people seek birth injury compensation for include:

  • Brachial plexus injury at birth: The nerves of the brachial plexus carry signals from the arms and hands to the brain. These nerves may be stretched, compressed or torn in a difficult delivery. If it is only mildly stretched then the injury may heal within a few months. However, with a more serious brachial plexus injury at birth, the long term effects can be limited feeling, weakness, and varying degrees of paralysis.
  • Hypoxic brain injury at birth: This occurs when the baby is deprived of oxygen during delivery. This can lead to balance issues, movement disorders, developmental delays, visual problems, difficulties with speech, and memory loss. Sometimes parents don’t realise that their child has suffered an hypoxic brain injury until months or years later.
  • Anoxic brain injury at birth: Similar to a hypoxic injury at birth. If the problem occurs for only a minute or so the baby may have hypoxia, whereas a baby that has prolonged lack of oxygen is more likely to have anoxia. Anoxia can cause brain damage and conditions like cerebral palsy and epilepsy. In the worst cases, an anoxic brain injury at birth can be fatal.

Every birth injury claim is unique and different cases can involve different legal processes. Speaking with a lawyer is one of the first important steps in making a birth injury compensation claim.

In addition to informing you of your rights, a lawyer will be able to advise you on the best course of action to take with regards to lodging your claim.

Use our Birth Injury Compensation Calculator to see what your claim might be worth then book a free appointment with a lawyer and discuss your situation and we will let you know your next steps.

Most birth injury claims fall under medical negligence law.

In Australia, the time limits for medical negligence claims can vary depending on where the injury occurred. In most states and territories, claimants have three years to begin legal proceedings.

However, this timeframe can vary depending on the circumstances of your case. To avoid forfeiting your right to claim, always take legal action quickly.

You may still be able to claim damages if you miss a deadline, but it can also complicate matters.

Since every birth injury claim is different, the amount of compensation can be difficult to calculate because it can be difficult to provide an estimate of the costs involved.

If you’re worried about racking up a large legal bill, The Personal Injuries Lawyers provide a No Win No Fee guarantee. This means we’ll cover every outlay and medical expense associated with your case, so you don’t have to pay anything upfront.

If you aren’t awarded any compensation, you won’t be required to cover the cost of our legal fees. In the event that you are awarded compensation, your legal fees will be deducted from any compensation you receive.

Under Australian law, No Win No Fee lawyers are highly regulated. Regardless of how much legal fees your case accrues, you’re always guaranteed to receive a fair amount of damages if your claim is successful.

How much compensation did other people get awarded for their injuries?

To help you understand more how much other people were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some helpful, real life personal injury payout examples..

These include compensation for injury at work as well as car accident injuries, workplace injury and slips, trips and falls. You may have suffered an injury that means that you can’t return to work. We assess the type of injury that you have suffered and will look at current medical reports, the costs of your future medical treatment, along with important factors such as whether you are left with a total and permanent disability.

The amount of damages you’re awarded will usually be determined by the types of birth injuries you or your child have sustained.

Cases where life-threatening or long-term injuries have occurred often involve larger payouts. (Read about compensation payouts in our case studies.)

The compensation you receive can be used to cover:

  • Medical treatment for injuries sustained during childbirth
  • The cost of ongoing care, including rehabilitation, home adaptations and medical equipment
  • Counselling services
  • Pain and suffering (this can refer to both physical pain and emotional trauma)
  • Loss of income or entitlement to work (this claim refers to people who, for example, need to become carers and can no longer work in their former capacity).

Working with The Personal Injury Lawyers can make it easier to prove that you qualify for these damages.

We are highly practised at negotiating with insurance companies and can help you access the compensation you deserve.

You can also use our Birth Injury Compensation Calculator as a guide for how much your birth injury compensation claim could be worth.

You may need to attend court, but only if your presence is deemed vital to the outcome of your case.

It’s not uncommon for birth injury claims to be settled out of court, but if you do need to appear, your lawyer may be able to attend on your behalf.

The insurer of your medical provider will usually pay for any compensation you’re awarded.

Seeking a birth injury lawyer is advisable if you’re planning to claim compensation.

This area of the law is known for its complexity – allowing a Lawyer to handle your claim can simplify the process of building a strong case.

Real 5 star client Google reviews

See hundreds of genuine 5 star ★★★★★ real reviews from those we have helped with work, motor and other injuries

No fake reviews here, we just work hard for great clients who leave honest feedback.


With The Personal Injury Lawyers, your compensation claim is in great hands

The Personal Injury Lawyers are long term and proud members of some of the organisations and groups below. We care deeply about the work we do, our staff and who we associate with.

If you are looking for the best rated compensation lawyers in Brisbane, compensation lawyers on the Gold Coast, or anywhere in QLD, then you’ve came to the right place.

We're here to help and there is no cost to discuss your claim

We know all too well that compensation claims can be confusing, so don’t get lost in the sea of complexities. You’re welcome to just give us a call, chat with you, or send an email to us. We’ll be glad to help you.

There is no cost for the call or to speak to our lawyers, and you’re under no obligation.

TPD lawyers Brisbane, Gold Coast & Australia

As long established personal injury lawyers, we can help with Queensland motor vehicle accident claims, WorkCover compensation claims and many more claim services. We also offer Australia wide support to help you with your TPD super claim. Try our fast, free TPD compensation payout checker below.