Birth injuries can have a profound impact on the lives of affected families, often resulting in long-term physical and emotional challenges. In Florida, Ehrlich & Naparstek Personal Injury and Workers’ Compensation Injury Attorneys provide expert legal assistance to those who have suffered preventable harm due to medical negligence during childbirth. This article offers a comprehensive overview of birth injuries, the legal landscape in Florida, and the exceptional support provided by Ehrlich & Naparstek.
Detailed Overview of Birth Injuries: Types and Causes
Birth injuries are physical harm that occurs to an infant during the birthing process. These injuries can range from mild to severe, with some having lasting effects on a child’s development and quality of life. Common types of birth injuries include:
- Cerebral Palsy: A neurological disorder caused by brain damage before, during, or shortly after birth, affecting movement and muscle coordination.
- Brachial Plexus Injuries: Damage to the nerves that control the arm and hand, often resulting from shoulder dystocia during delivery.
- Fractures: Broken bones, typically the collarbone or arm, which can occur during difficult or assisted deliveries.
- Brain Injuries: Including hypoxic-ischemic encephalopathy (HIE), caused by a lack of oxygen to the brain, leading to developmental delays and cognitive impairments.
The causes of birth injuries are varied and can include medical negligence, such as failure to monitor the baby’s vital signs, improper use of birth-assisting tools like forceps or vacuum extractors, delayed cesarean sections, or inadequate response to fetal distress.
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important PERSONAL INJURY FAQ
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What is the statute of limitations for personal injury claims in Florida?
In Florida, the statute of limitations for most personal injury claims is four years from the date of the injury. This means that if you've been injured, you have four years to initiate legal proceedings. If you fail to file your lawsuit within this time frame, you may lose your right to seek compensation.
How is fault determined in Florida auto accidents?
Florida operates under a no-fault insurance system. This means that after most traffic accidents, your own insurance policy will compensate you for medical expenses and lost income, irrespective of who was at fault. However, in severe injury cases, you might be able to step outside this no-fault system and file a lawsuit against the at-fault driver.
What is Florida's comparative negligence rule?
Florida follows a pure comparative negligence rule. If you're found to be partially at fault for your injury, your compensation may be reduced by a percentage equal to your share of the blame. For instance, if you're found to be 20% at fault, you can still recover 80% of your total damages.
What damages can I recover in a personal injury lawsuit in Florida?
In Florida, you can seek compensation for both economic and non-economic damages. Economic damages include tangible costs like medical bills and lost wages, while non-economic damages cover intangibles like pain and suffering, emotional distress, and loss of enjoyment of life.
How long does it typically take to settle a personal injury case in Florida?
The duration varies based on the complexity of the case, the parties involved, and the evidence. While some cases might settle quickly, others, especially those that go to trial, can take months or even years to resolve.
How much will it cost me to hire a personal injury attorney?
We operate on a contingency fee basis. This means that we only get paid if you win your case or secure a settlement. Typically, the fee is a percentage of the compensation you receive.
What should I do immediately after an accident in Florida?
First, prioritize your safety and seek medical attention. Then, if possible, document the scene, take photographs, gather witness information, and report the incident to the police or relevant authorities. It's also advisable to contact a personal injury attorney as soon as possible.
What if the person who hit me doesn't have insurance?
If you're hit by an uninsured or underinsured driver in Florida, you can turn to your own insurance policy's uninsured/underinsured motorist coverage. This coverage can help compensate for your injuries and damages.
How do I prove pain and suffering in a personal injury case?
Pain and suffering are subjective and can be challenging to quantify. Evidence such as medical records, therapy sessions, personal journals, and testimonies from friends and family can help establish the extent of your pain and suffering.
