FAQ

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

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.

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.

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.

In Florida's no-fault system, you can sue for pain and suffering if:

• You suffered a serious injury (permanent injury, significant scarring/disfigurement, loss of bodily function, or death)
• Your medical bills and damages exceed your PIP coverage
• The other driver was clearly at fault

Even "minor" accidents can result in serious injuries that appear days or weeks later.

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 any compensation

Your uninsured motorist (UM) coverage can protect you, covering medical expenses, lost wages, pain and suffering, and property damage. While UM coverage isn't mandatory in Florida, it's highly recommended.

If you don't have UM coverage, we may be able to pursue legal action directly against the uninsured driver to recover compensation.

Read about How to Handle an Uninsured Car Accident Claim.

We work on a contingency fee basis—you pay nothing unless we win your case. This means:

• No upfront costs or retainer fees
• No hourly billing
• No out-of-pocket expenses
• We only get paid if you get paid

This allows anyone to access quality legal representation regardless of financial situation.

Florida law allows you to pursue a claim against the at-fault driver if your injuries meet the "serious injury" threshold:

• Permanent injury
• Significant/permanent scarring or disfigurement
• Loss of a bodily function
• Death

Rideshare accidents are more complex because multiple insurance policies may apply:

• App off – Driver's personal insurance applies
• App on, no passenger – Lyft/Uber provides limited liability coverage
• Passenger in car – Lyft/Uber provides $1 million in liability coverage

Determining which policy applies—and getting the insurance company to pay—requires legal expertise.

Even "minor" accidents can result in serious injuries that don't appear until days later. Common delayed symptoms include:

• Whiplash and neck pain
• Headaches and concussions
• Back injuries
• Internal injuries

Insurance companies often pressure victims to settle quickly with lowball offers before the full extent of injuries is known.

Common Motor Vehicle Accidents

• Hit-and-run collisions
• Head-on collisions
• Rear-end collisions
• Rideshare accidents
• T-bone collisions

Common Causes of Car Accidents

• Distracted Driving
• Speeding
• Driving Under the Influence
• Reckless Driving
• Weather Conditions
• Running Red Lights or Stop Signs
• Fatigued Driving

Common Car Accident Injuries

• Whiplash
• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones
• Burn injuries
• Internal injuries
• Lacerations and scarring

For more information, download our free car accident and personal injury guides.