Florida Birth Injury Lawyers

If your child has serious birth injuries as a result of a doctor’s negligence, you have a right to compensation. Contact Florida birth injury lawyers to find out what your options are and what you can do to make sure your child gets the money they need for lifelong care.

Experienced Florida Birth Injury Lawyers – Searcy Denney Scarola Barnhart & Shipley

The firm of Searcy Denney Scarola Barnhart & Shipley has been dedicated to helping Florida victims of personal injury for more than 40 years. They cover all types of personal injury cases and have a large staff with extensive experience working on behalf of birth injury victims.

They have worked on and won complicated medical malpractice and birth injury cases. With offices all over the state, it’s easy to reach this dedicated, expert team of trial attorneys.

Families of children with birth injuries reach out to Searcy Denney Scarola Barnhart & Shipley for their experience and more:

  • A team of 29 attorneys who can provide expert representation
  • Additional staff that includes investigators and other experts to support cases
  • Decades of experience taking on insurance companies and negligent parties in personal injury cases
  • More than $5.8 billion recovered for clients
  • Spanish language services available
  • Free consultations and a no-fee guarantee

Florida Law Office Headquarters

Searcy Denney Scarola Barnhard & Shipley has offices all over the state with headquarters in West Palm Beach:

2139 Palm Beach Lakes Blvd.

West Palm Beach, FL 33409

When Do I Need a Florida Birth Injury Lawyer?

Filing a medical malpractice lawsuit is always complicated, and birth injury cases tend to be especially difficult. Florida also has laws that make it more challenging to file than in other states. The best thing you can do for your baby after they have suffered birth injuries is to talk to experienced lawyers.

Lawyers with experience in these cases can look over your case, determine your options, and provide expert advice. Not all cases warrant a lawsuit, but a lawyer can still help you take action and get the compensation your child needs.

How to Work with Your Birth Injury Lawyer for the Best Outcome

If you do hire a birth injury lawyer, treat your professional relationship as a partnership. The lawyer is the expert and will do most of the work, but they need your input and collaboration. This begins with the first meeting. Bring everything your lawyer will need to evaluate your case thoroughly:

  • Medical records
  • Medical bills
  • Your recollections of the incident
  • Names of the medical professionals involved and any witnesses
  • Any consultations you have had with medical experts about your child’s injuries and future needs

Be honest and open with your lawyer. They need all the information, even if you think it makes you look like you are at fault. Your lawyer can best help you if you are honest if you communicate readily and are easy to contact, and if you stay informed and are able to make decisions along the way.

What is the Birth-Related Neurological Injury Compensation Association?

Florida has an unusual law that limits the ability of families to file lawsuits over birth injuries. Known as NICA, the law provides families and babies with compensation after a birth injury. A baby’s injuries must meet certain criteria to qualify.

A recent expose of NICA resulted in lawmakers changing the program to better help families. These changes include increases to the compensation families receive and the addition of disability advocates to the NICA board.[1]

NICA limits the ability to sue, but it does not make it impossible. If your child has serious birth injuries, talk to a lawyer about your options. They can help you navigate the system and file a lawsuit if you qualify.

Other Florida Laws That Affect Birth Injury Cases

It’s important to be aware of all the laws in the state that may affect your case. If you are eligible to file a lawsuit, these laws may impact how you proceed and the outcome:[2][3]

  • Statute of Limitations. Florida sets the statute of limitations on personal injury cases at four years. This gives you four years from the time of the incident to file or risk having your suit rejected by the courts.
  • Comparative Negligence. This rule allows the court to reduce a jury award based on your role in the incident. For instance, if the defendants prove you were 10% to blame for what happened to your baby, the court will reduce the jury award by 10%.
  • Damages Caps. Some states limit what you can recover in non-economic damages, also known as pain and suffering costs. Florida had a law to limit these damages in medical malpractice cases, but the Supreme Court ruled it unconstitutional. Your damages recovery is not limited.

Contact Florida birth injury lawyers if you believe your child was harmed by medical negligence. You may not know if you have the option to sue, but the right firm can clarify your rights and give you the best advice about how to proceed.

For city-specific information, visit the following pages:

Sources
  1. Chang, D. and Miller, C.M. (2021, April 30). Florida Lawmakers Send Lifeline to Families With Brain-Damaged Children. ProPublica.
    Retrieved from: https://www.propublica.org/article/florida-lawmakers-send-lifeline-to-families-with-brain-damaged-children
  2. Florida Legislature. (2020). Title VII. Chapter 95. Limitations.
    Retrieved from: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
  3. Borrero, E. (2019). Florida Caps on Noneconomic Damages are Unconstitutional. University of Miami School of Law.
    Retrieved from: https://business-law-review.law.miami.edu/florida-caps-noneconomic-damages-unconstitutional/