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The Process of Filing a Birth Injury Lawsuit with the Help of a Florida Traumatic Brain Injury Lawyer


A mom holding her babies head in her lap.

When you bring a child into the world, the last thing you want is for them to suffer harm on the first day of their life. Unfortunately, thousands of children suffer traumatic brain injuries during childbirth every year due to the negligence of others. If your child is one of those thousands, you will justifiably want to get compensation for that harm.

You will need to file a birth injury lawsuit to obtain compensation for your child. Florida law makes this a long and complicated process. But with the help of a Florida traumatic brain injury lawyer, you can get your child the money they need to recover from the harm they suffered at birth.

Getting Started

The first step to filing a birth injury lawsuit is consulting with a Florida traumatic brain injury lawyer. Your attorney will investigate your case’s circumstances and determine whether you have a claim that can prevail in court.

If they believe your claim could succeed, your lawyer will begin investigating and collecting evidence. Depending on how complicated your case is, this analysis can take anywhere from several weeks to a few years.

While you understandably don’t want to wait while your child is actively receiving expensive medical care, this step of the process is critical. The more evidence your attorney collects, the more money you can potentially receive from a lawsuit.

You can help during this step by carefully storing any records related to your child’s injury. Each of those documents could be worth thousands of dollars.

If you misplace the wrong document, you could end up losing your case. If you need assistance with this crucial process, your attorney will help you gather, collect, and store everything you need.

As part of this evidence collection, your Florida traumatic brain injury lawyer will consult with medical experts. To succeed in a medical malpractice case in Florida, you need experienced medical opinions that support your claim that a doctor, nurse, or other medical professional acted negligently.

Why an Experienced Florida Traumatic Brain Injury Lawyer Is Essential to Your Case

Once the evidence has been collected, your birth injury attorney will file a lawsuit with the courts on your behalf. Once this happens, the case can become complicated quickly. Lawyers on both sides will file dozens, even hundreds, of motions.

Every motion must be responded to by the opposing attorney. If the opposing counsel fails to respond to even one motion in time, the court may dismiss the case entirely or make an immediate ruling for one of the parties.

The average person without legal training does not know how to respond appropriately to this type of red tape. You need an experienced lawyer with an excellent staff to ensure your case stays on track.

The next step is for the other side to review your extensive pile of evidence. At that point, their attorney will usually come to the negotiating table.

Experienced birth injury lawyers understand the actual value of your case and know how to negotiate for a fair settlement. If you have the right attorney, you could get the money you need for your child years earlier than you would be paid at the end of a trial.

No Time for Delay

The other factor you need to consider when filing a birth injury lawsuit is Florida’s statute of limitations laws. Typically, you only have two years from the date of an injury caused by negligence to file a medical malpractice claim.

However, that assumes you were aware of the injury when it happened. If you don’t discover the injury until later, that time is extended.

In such cases, you then have two years from when the injury was discovered or should reasonably have been discovered through diligent investigation. But even if this applies, you still only have four years to act from the initial date of your injury.

Finally, Florida law makes an additional exception for minors. Regardless of all other statutes of limitations laws, you can file a personal injury lawsuit on behalf of a minor until their eighth birthday. This means you have eight years to file a birth injury claim.

If you are concerned about the statute of limitations, consult a birth injury lawyer immediately.

Contact the Schrier Law Group Today

If your child suffered a traumatic brain injury during childbirth, medical malpractice may have been the cause. Contact us today to learn more about your legal options.