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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.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).


My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello


The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez


The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford


Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean


I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos


The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K


Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski


I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler


I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson


Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran


Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz


This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez


Best attorney in South Florida

Fefe Alex


Was a wonderful experience getting through a tough process!

Edward Pawley


Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez


Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli


Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen


The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis


Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean


Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez


Schrier Law Group is the best.

Chatrice Telfort


Great job! I loved working with Paul.