Can I Recover Non-Economic Damages for a Birth Injury in Illinois?

 Posted on May 06, 2026 in Birth Injury

While birth injuries to a mother or child do sometimes happen, many of these injuries are preventable. Doctors and other healthcare providers have a duty to provide reasonable care based on their patients’ needs, and when they fail to uphold that duty, a patient can file a medical malpractice claim for any resulting injuries and damages.

If there is evidence of medical negligence in connection with any injuries you or your child suffered during the birthing process, you can pursue compensation for the costs of the necessary medical care and treatment for these injuries. However, these are not the only damages that you may be able to recover. Depending on the nature of the injuries, you could have a claim for lasting non-economic damages like pain and suffering. At Birth Injury Law Alliance, Ltd., our Cook County, IL birth injury lawyers have secured millions in compensation for clients in past cases, including payment for non-economic losses.

Examples of Non-Economic Damages in a Birth Injury Claim

Non-economic damages cover losses that do not come with a clear bill or receipt. In a birth injury case, these losses may affect the child, the parents, or the whole family. They often involve pain, fear, grief, and major changes to daily life. Some of these damages may include:

• Physical pain and agony

• Emotional distress

• Loss of normal childhood experiences

• Loss of enjoyment of life

• Permanent disability or disfigurement

• Anxiety, depression, or trauma

• Strain on the parent-child relationship

• Loss of independence as the child grows

A serious birth injury can affect more than a family’s finances. It can change how a child moves, learns, plays, and connects with others. It can also affect the parents’ peace of mind and sense of safety. These damages should be recognized in a claim, as it acknowledges all of the harm done by the negligent party.

Can a Mother Recover Compensation for Pain and Suffering After a Birth Injury?

If you were injured due to medical negligence while giving birth to your child, the effects of your injuries may be obvious almost immediately. Your injuries could result in persistent or chronic pain, or ongoing complications that interfere with your life. You may also struggle with fear, anxiety, sleep loss, or the grief of knowing that your birth experience was changed by preventable harm. 

A mother may be able to recover compensation for her own pain and suffering when her injuries were caused by negligent medical care. These damages are separate from any claim brought for the child’s injuries. An attorney can help you understand the full extent of your recoverable damages and file a claim within Illinois’s two-year statute of limitations for cases involving medical negligence (735 ILCS 5/13-212).

Recovering Non-Economic Damages for Injuries to a Child in 2026

If your child has suffered a birth injury, the full extent of the effects may be much less immediately apparent. For example, a condition like cerebral palsy has a wide range of outcomes, many of which are not clear until the child gets older and begins to develop. It is important to closely monitor your child as he or she grows up to better understand how his or her quality of life will be affected by the injury. 

Fortunately, there is a longer statute of limitations when a child is injured due to medical negligence. You have up to eight years from the date of the injuries to file a claim on behalf of your child, allowing you to consider the appropriate amount of damages to pursue for future lost wages and pain and suffering.

How Do You Document Non-Economic Losses for a Birth Injury in Illinois?

Non-economic losses can be harder to prove than medical bills. Still, they can be documented with care. Families may use medical records, therapy notes, school records, photographs, videos, and written journals.

A parent may keep notes about pain, sleep problems, missed milestones, emotional changes, and daily struggles. These details help show how the injury affects real life. Doctors, therapists, teachers, and caregivers may also explain what the child can and cannot do.

In Illinois, birth injury claims often depend on clear evidence. The goal is to show the full human cost of the injury, not just the cost of treatment.

How Are Pain and Suffering Damages for a Birth Injury Calculated in Illinois?

Illinois does not have a set formula for pain and suffering damages. The amount depends on the facts of the case. A court or jury may look at the child’s injury, the level of pain, the expected future limits, and how long the child may live with those limits. Illinois does not currently cap non-economic damages in medical malpractice cases.

The Multiplier Method

Even though there is no required formula, two common methods are often used to help estimate these damages. One is the multiplier method. This approach takes economic damages, such as medical bills and lost income, and multiplies that amount by a number based on the severity of the injury. More serious and permanent injuries usually lead to a higher multiplier.

The Per Diem Method

Another approach is the per diem method. This method takes a daily amount that is then multiplied by the number of days the person is expected to experience those effects. This may include both past and future suffering.

Severe, permanent injuries may lead to higher damages. This is especially true when a child needs lifelong care or cannot enjoy normal activities. The strength of the evidence will also be considered. Clear records, strong testimony, and detailed examples can help show the depth of the loss.

Contact a Cook County, IL Birth Injury Attorney

A birth injury can come with serious losses, and not all of them are easily measured. To make sure that all of your non-economic damages are properly accounted for, consider working with an experienced attorney. 

At Birth Injury Law Alliance, Ltd., we can review your case and help you understand your options, and we will handle the complicated legal matters related to your pursuit of compensation. Call us today at 312-462-4200 for a free consultation with a Chicago, IL birth complication lawyer.