Birth Injury Lawsuit Pre-Settlement Funding
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When you’re expecting a child, the only thing you care about is holding a healthy baby in your arms. Unfortunately, though the occurrence is rare, the baby could be injured during the labor and delivery process.
Serious birth injuries can cause severe pain, require extensive medical intervention, and possibly impact the child for life.
If your family is experiencing this nightmare, you’re probably looking for answers. How and why did this occur? Who’s at fault? What happens next?
One potential next step is filing a birth injury lawsuit to obtain compensation for medical expenses, home adaptations and assistive devices, pain and suffering, and other related costs. But waiting months or years for your case to be resolved could put you in a bad financial position.
That’s where pre-settlement funding, or a lawsuit loan, comes in. With pre-settlement funding, you receive a cash advance of a portion of your expected birth injury lawsuit settlement. If you qualify, the money will hit your bank account fast, and you won’t be responsible for repayment unless you win your case.
Key Takeaways
- Most babies are born without complications, but when injuries occur, they can be devastating.
- Severe injuries can bankrupt your family and negatively impact your child for life.
- Filing a birth injury lawsuit can help you obtain the compensation your family needs to care for your baby and start rebuilding after this tragedy.
- Unfortunately, your case could be held up in the court system for years, potentially leading to financial issues.
- Pre-settlement funding can help cover your bills in the meantime, reducing money-related stress and leaving you with more mental bandwidth to care for your child.
Birth Injury Facts and Stats
According to an abstract featured in Pediatrics, 29 per 1,000 births in the United States result in a birth injury. [1] That equates to just under 3% of births.
The most common birth injuries are scalp injuries and clavicular fractures. [1]
The main causes of birth injuries include: [2]
- The baby having trouble moving through the birth canal
- Adjusting the baby’s position during delivery
- Contractions within the birth canal
- Tools like forceps or vacuums to assist with delivery
- Complications during
- C-sections
- Premature births
Improper use of tools, poorly timing a child’s accurate delivery date, resulting in an unnecessarily early birth, or mistakes made during delivery can lead to traumatic and irreversible birth injuries that can permanently affect a child’s life or even result in wrongful death.
If your child has endured a birth injury as the result of a doctor’s negligence or malpractice, you may consider filing a lawsuit to get compensation for the financial and emotional pain you have suffered.
Common Types of Birth Injuries
Serious birth injuries that may qualify for a birth injury lawsuit include, but aren’t limited to: [2]
- Facial paralysis
- Brain injuries
- Cephalohematoma (bleeding beneath the cranium)
- Paralysis
- Bone or skull fractures
- Perinatal asphyxia (When a baby doesn’t receive sufficient oxygen)
- Internal organ hemorrhage
- Spinal cord injuries
- Cerebral palsy
- Erb’s palsy
- Forceps birth injury
These birth injuries could be caused by medical malpractice or hospital negligence during childbirth. They may be a result of pharmaceutical drugs given improperly or inappropriately during delivery, physician error during delivery, or failure to monitor the baby’s oxygen levels before and during delivery.
What Is the Average Compensation for a Birth Injury?
Birth injury compensation can vary dramatically from case to case. Factors that influence settlement amounts include, but aren’t limited to:
- The severity of the injury – including potential long-term impacts on the child’s development and quality of life
- The cost of required medical treatment, home modifications, and assistive devices
- The baby and family’s pain and suffering
- The state the injury occurred in
- The presence of medical malpractice or negligence
While medical malpractice cases have resulted in eight-figure payouts, the average birth injury settlement is around $1,000,000. [3]
Think You Have a Case?
Call us toll-free at (877) USClaims to speak with a friendly funding specialist today.
Birth Injury Settlement Process
The birth injury settlement process may seem overwhelming or intimidating, especially when you’re stressed about your baby’s wellbeing. While every case is different, here are the general steps you can expect to follow:
- Check the statute of limitations. The time limitation to file a lawsuit varies from one state to another; however, the limitation to file a claim is typically one to three years. [3]
- Hire an attorney. A lawyer who specializes in personal injury or medical malpractice cases can help you navigate the legal process and get the best-case outcome. You’ll also need a lawyer to qualify for pre-settlement funding.
- Wait for the pre-lawsuit investigation to conclude. During that time, medical experts such as obstetricians, pediatricians, or neurologists will weigh in on whether the injury was due to malpractice or negligence. Your lawyer will also collect evidence, such as fetal monitoring strips, Apgar scores, imaging reports, staff logs, witness testimony, and other relevant documentation.
- File your birth injury lawsuit. Your attorney will prepare and submit the required paperwork and advise you on what’s to come.
- Wait for the discovery phase to conclude. During this time, both parties will attempt to gather as much information as possible about the case to determine what happened and whether a settlement may be appropriate.
- Negotiate a settlement. Your attorney will consider the details of your case and try to obtain the highest possible payout for you.
- Go to trial. If a birth injury lawsuit settlement deal can’t be reached, your case will be heard and decided by a jury.
If you’re worried about how long it may take to settle your case, you may want to apply for pre-settlement funding soon after filing your lawsuit. That way, you have the cash you need to make ends meet in the months (and possibly years) ahead.
When a Birth Injury Lawsuit Loan Might Make Sense
Even if you expect to reach a favorable judgment, the waiting time can feel like torture. It can be challenging for you as new parents trying to make the best decisions for your baby while recovering from childbirth.
You’re likely to have medical and therapy bills piling up on top of your regular expenses, and you may be unable to maintain your regular income while dealing with post-birth trauma. When you opt for birth injury settlement funding, you gain the peace of mind that comes from not having to worry about how you’ll pay your personal bills and legal fees.
Benefits of Getting Birth Injury Pre-Settlement Funding
Securing birth injury pre-settlement funding has many benefits. Some of the most significant perks include:
Helps with Your Bills
Your bills could pile up fast – especially if you’re spending more time at the hospital than at work. If you fall too far behind, your credit score may drop, and you may be tempted to take on expensive debt to catch up.
USClaims issues pre-settlement funding from $500 to $1,000,000, and the money could be in your bank account within 24 business hours.* That way, you can keep your creditors happy, your credit score high, and your debt balance low.
Don’t Have to Accept Low Settlements
Pre-settlement funding gives you the freedom to hold out for the best possible birth injury lawsuit settlement. Insurance companies know how hard it is to wait for your case to conclude, and they use it to your disadvantage. When you can wait, you’re more likely to get the settlement you deserve.
Only Repay if You Win Your Case
Getting a birth injury lawsuit loan is risk-free. Funding is nonrecourse, which means if you don’t win your case, you don’t have to repay the advance.
Use the Funds on Anything You Need
We don’t dictate how to use the funds from your lawsuit loan. You can use the money the way you see fit.
Many people in your situation secure funding to cover their:
- Rent or mortgage
- Utility bills
- Car payments
- Groceries
- Insurance premiums
- Medical expenses
- Debt payments
However, you’ll never need to submit receipts or other documentation proving how the cash was spent. Once the money is in your hands, everything is up to you.
Avoid Monthly Payments
A lawsuit loan isn’t a traditional loan, so it doesn’t require monthly payments. Instead, your lawyer will repay your advance from the settlement proceeds in a lump sum if you win your case.
Plus, our 2X Cap means you’ll never owe us more than twice the advanced amount.** That way, your family can keep more of that much-deserved compensation.
See How Birth Injury Lawsuit Loans Have Helped People Like You
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with USC in the past. USC does not control the content of such reviews.
with USC in the past. USC does not control the content of such reviews.
Where USClaims Provides Funding
The list of states where we provide funding is long. We’re proud to be able to help plaintiffs in 45 out of 50 states. However, due to state law, we can’t offer funding in Arkansas, Kentucky, Maryland, Montana, West Virginia, or Washington, D.C.
Contact USClaims for Birth Injury Lawsuit Funding Today
We understand how difficult it can be to make ends meet while waiting for a resolution to your birth injury lawsuit. The pre-settlement process is fast and can help you pay for living expenses while your case is resolved.
Although each birth injury claim varies, we typically offer funding of approximately 10% of the expected overall value of your lawsuit. This valuation is determined through an assessment of factors such as:
- The specifics of your birth injury case
- Conversations with your attorney
- The credibility and robustness of the evidence
- Any prior settlement talks
If you’re struggling financially as you wait for your birth injury lawsuit to settle, we can help. We have helped plaintiffs like you for over 25 years and pride ourselves on always being as transparent as possible.
Apply now or call us today at 1-877-USCLAIMS to learn more about how pre-settlement funding can provide financial relief.
Birth Injury Settlement FAQs
What Types of Birth Injuries Can Qualify You for Pre-Settlement Funding Related to a Lawsuit?
Your attorney can help you determine if your child’s birth injury lawsuit might qualify for pre-settlement funding. Generally, though, more severe injuries can result in a larger settlement and, therefore, could qualify for a larger lawsuit loan. Severe injuries include but aren’t limited to, broken bones, brain hemorrhages or damage, spinal injuries, or paralysis.
How Long Does It Take for You to Get Approved for Pre-Settlement Funding for Your Birth Injury Lawsuit?
Once you apply for funding and speak with a USClaims representative, we’ll collect the necessary information from your lawyer to evaluate your case. We may also consult case dockets and conduct online research to comprehensively understand the incident leading to the damages.
The approval process for pre-settlement funding is designed to be efficient and straightforward.
Our commitment to a prompt process remains steadfast; upon approval, we strive to transfer the pre-settlement funding in its entirety within 24 hours.* This immediate disbursement ensures that you gain access to the funds without unnecessary delays.
Have Questions?
Our pre-settlement funding experts will walk you through our entire process.
Sources
- Rucker, M.D., Erika & Huffner, M.D., Wendy. American Academy of Pediatrics. “Birth Trauma.” Pediatrics, Volume 149, Issue 1. 23 Feb. 2022. https://publications.aap.org/pediatrics/article/149/1%20Meeting%20Abstracts%20February%202022/811/186210/Birth-Trauma
- Cleveland Clinic. “Birth Injury.” clevelandclinic.org. 12 May 2025. https://my.clevelandclinic.org/health/diseases/birth-injury
- LeBlanc, Ricky A. Sokolove Law. “Birth Injury Settlements. sokolovelaw.com. 1 June 2025. https://www.sokolovelaw.com/birth-injuries/settlements/
Disclaimer: Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the nonrecourse nature of pre-settlement funding.
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Contact for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
