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Birth Injuries

Birth Injuries

Birth Injuries

When a newborn suffers harm due to errors or negligence during labor and delivery known as birth injury. These injuries can range from minor trauma to serious, life-altering conditions like cerebral palsy, Erb’s palsy, brachial plexus injury (BPI), brain damage, or intrauterine fetal demise. In Florida under statute §95.11, you generally have 2 years to file a lawsuit for a birth injury. If you didn't know about the injury until after the 2-year deadline, you might still have time to sue (known as the discovery rule). If the doctor or hospital left the state, the deadline might be extended. Additionally, if the injured person is a minor, disabled, or mentally ill, special rules might apply.

Who Should Consider Filing a Claim and Why Legal Representation Is Essential

  • Benefits of Filing: Families of children who have suffered birth injuries due to medical negligence should consider filing a claim. Such a claim can provide compensation for medical expenses, ongoing care, and therapy while ensuring that the responsible healthcare providers are held accountable.
  • Consequences Without Representation: Without skilled legal representation, families may find it difficult to prove that a birth injury was due to medical negligence rather than natural complications. These cases often require expert witnesses and in-depth medical knowledge to show causation and establish liability. Without an attorney’s assistance, families risk facing unfair settlements, legal obstacles, or even missed filing deadlines, all of which could prevent them from receiving the support they need.

Carter Injury Law: Committed to Securing the Justice You Deserve

  • Our attorneys have extensive experience in handling birth injury cases and can provide expert legal guidance.
  • We manage all aspects of your case, from collecting evidence to negotiating settlements, allowing you to focus on your child’s well-being.
  • We work diligently to obtain the highest possible compensation for your child’s injuries, covering medical expenses, ongoing care, and other related costs. You don't have to pay us unless we win the fight for you.