FAQ
-
Birth Injury
-
How Will You Determine Who Is Liable for My Child’s Birth Injury?
Determining liability in a birth injury case involves a complex legal process. Our birth injury attorneys will investigate your child's case to identify potential parties responsible. Here are some factors we consider:
1. Medical Negligence:
- Deviation from Standard of Care: Did the healthcare provider(s) fail to meet the standard of care expected of a reasonably prudent medical professional in similar circumstances?
- Causation: Did the provider's negligence directly cause your child's injury?
2. Potential Parties:
- Physicians: Obstetricians, neonatologists, and other medical specialists
- Hospitals and Clinics: The facility where the birth occurred
- Nurses and Midwives: Healthcare professionals involved in the delivery process
3. Investigative Process:
- Reviewing Medical Records: Analyzing birth records, lab results, and treatment plans
- Consulting Medical Experts: Obtaining expert opinions on the standard of care and causation
- Gathering Evidence: Collecting witness statements, photographs, and other relevant documents
- Building a Strong Case: Presenting a compelling legal argument to hold the responsible parties accountable
-
Is There a Deadline for Filing a Birth Injury Lawsuit in Florida?
Yes, there is a deadline for filing a birth injury lawsuit in Florida.
Florida has a statute of limitations, which sets a time limit for filing a lawsuit. For birth injury cases, there are a few key deadlines to be aware of:
1. Two-Year Statute of Limitations:
- Generally, you have two years from the date of the injury or the date you discovered (or should have discovered) the injury to file a lawsuit.
2. Tony's Law:
- This law extends the deadline for certain birth injury cases to the child's eighth birthday. However, this law has specific requirements and may not apply to all cases.
-
How Will You Calculate the Future Costs of My Child’s Medical Care and Therapy?
To accurately calculate the future costs of your child's medical care and therapy, we'll employ a multi-faceted approach that involves:
1. Medical Expert Testimony:
- We'll consult with medical experts specializing in your child's specific condition.
- These experts will assess your child's current needs and project their future medical requirements.
- They'll consider factors like the severity of the injury, the likelihood of complications, and the potential need for ongoing treatments.
2. Economic Expert Testimony:
- An economic expert will analyze the projected medical costs, including:
- Hospitalizations
- Surgeries
- Medications
- Therapy (physical, occupational, speech)
- Assistive devices
- In-home care
- Specialized education
- Transportation costs
3. Life Expectancy Calculations:
- We'll consider your child's life expectancy, their specific condition, and general life expectancy tables.
4. Inflation and Interest Rates:
- We'll account for future inflation and interest rates to ensure the award sufficiently covers future costs.
5. Contingency Planning:
- We'll consider potential future medical advancements and unexpected needs to ensure that the award is adequate.
-
-
Car Accidents
-
How Long Do I Have to File a Lawsuit After a Car Accident?
In Florida, you have two years from the accident date to file a personal injury lawsuit. Acting promptly helps preserve evidence, prevents insurance company tactics, and ensures you meet all legal deadlines.
-
Can I Sue for Pain and Suffering After a Minor Accident?
In Florida's no-fault system, you can sue for pain and suffering if you meet specific criteria: serious injuries like permanent disfigurement or significant loss of bodily function, substantial medical bills and lost wages, or if the other driver was clearly at fault.
-
What Should I Do After a Car Accident in Jacksonville?
- Call 911 and report the accident
- Seek medical attention even if injuries seem minor
- Take photos of the scene, vehicles, and visible injuries
- Exchange information with other drivers
- Notify your insurance company
- Contact a Jacksonville car accident attorney before speaking with the other party's insurer
-
What Compensation Can Jacksonville Car Accident Victims Recover?
- Medical expenses (emergency care, surgeries, rehabilitation, medications)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Wrongful death damages for surviving family members
-
What If I Was Partially At-Fault for the Car Accident?
Florida follows modified comparative negligence. If you're less than 50% at fault, you can still recover compensation reduced by your fault percentage. If you're 50% or more at fault, you cannot recover compensation.
-
What if the Other Driver Doesn't Have Insurance?
Your uninsured motorist (UM) coverage can protect you, covering medical expenses, lost wages, and property damage. While not mandatory in Florida, UM coverage is highly recommended. Without it, you may need to pursue legal action against the uninsured driver.
Read about How to Handle an Uninsured Car Accident Claim.
-
How Much Does a Jacksonville Car Accident Lawyer Cost?
We work on a contingency fee basis - you pay nothing unless we win your case. This allows anyone to access quality legal representation regardless of financial situation.
-
What Qualifies as a “Serious Injury” Under Florida Law?
Florida law allows you to pursue a claim against the at-fault driver if your injuries meet the “serious injury” threshold, including:
- Permanent injury
- Significant and permanent disfigurement or scarring
- Loss of a bodily function
- Death
-
What if the Accident Involved a Rideshare Vehicle (Uber/Lyft)?
Accidents involving Uber or Lyft drivers can be more complex due to multiple insurance policies. The driver’s status at the time of the accident (app on/off, ride in progress, etc.) will determine which insurance policy applies. An attorney can help navigate this process.
-
Do I Need a Lawyer for a Minor Accident?
Even minor accidents can result in serious injuries that appear days later. Insurance companies often try to settle quickly with low offers. A Jacksonville auto accident lawyer ensures you receive fair compensation and protects your rights.
-
How Long Does a Car Accident Case Take?
Case timelines vary based on injury severity, liability disputes, and insurance company cooperation. Simple cases may settle in months, while complex cases requiring litigation can take 1-2 years. We keep you informed throughout the process.
-