Shareholder
Partner
Attorney
Learn About Our Mass Tort Practice
Rafferty Domnick Cunningham & Yaffa is here to help
Meet Our Legal Team
Free Case Consultation
The birth of a child should be a joyous occasion, but for some families, this significant life event is overshadowed by unexpected challenges. Birth injuries can leave a child with long-term disabilities, creating emotional and financial strain for families. In Florida, families facing such circumstances may have legal recourse to hold negligent medical providers accountable. However, strict statutes of limitations make timely action essential.
This guide provides an in-depth overview of Florida birth injury cases, legal timelines, evidence requirements, and how to find the right attorney to navigate this complex process.
Birth injuries refer to physical harm sustained by a newborn during the labor and delivery process, often caused by medical errors or negligence. These injuries can range from mild and temporary to severe and permanent, affecting the child's quality of life and placing significant emotional and financial burdens on the family.
These injuries often occur because of avoidable mistakes made by medical professionals during pregnancy, labor, or delivery.
When medical negligence is identified as the cause of a birth injury, families have the right to pursue legal action.
Legal timelines, also known as statutes of limitations, are one of the most critical aspects of filing a birth injury lawsuit in Florida. These deadlines are designed to ensure that claims are brought while evidence is still fresh and available.
The standard statute of limitations for birth injury cases in Florida is:
It’s important to note that certain exceptions, such as the delayed discovery rule, may apply. For instance, if the injury was not immediately apparent, the two-year window begins when the injury is identified.
Taking prompt legal action allows your attorney to gather evidence, consult with medical experts, and build a strong case within the allowable timeframe.
Filing a birth injury lawsuit in Florida requires proving that the injury resulted from medical negligence. This involves meeting specific legal and evidentiary standards.
To succeed in a birth injury case, you must demonstrate:
Evidence is critical to proving your case. Essential pieces of evidence include:
Families may seek compensation for:
Each case is unique, and the amount of compensation depends on the severity of the injury and its long-term impact.
The statute of limitations for birth injury lawsuits varies based on the circumstances of the case. Understanding these timelines is essential to ensure your claim is filed on time.
In Florida, most birth injury claims must be filed within:
These deadlines can be complex, particularly when injuries are discovered months or even years after birth. A qualified attorney can help you navigate these legal requirements.
Navigating a birth injury lawsuit requires the expertise of an attorney with experience in medical malpractice and birth injury cases. The right lawyer can guide you through the process, handle complex legal filings, and advocate for the compensation your family deserves.
Choosing the right attorney is one of the most important decisions you’ll make in pursuing a birth injury claim.
How long do I have to file a lawsuit? In most cases, you have two years from the date of the injury or discovery. Exceptions may apply for minors or delayed discovery.
What happens if I miss the deadline? Once the statute of limitations expires, you lose the right to file a claim, regardless of the strength of your case.
What evidence do I need? You’ll need medical records, expert testimony, and documentation of financial and emotional damages.
How much compensation can I receive? The amount of compensation depends on the severity of the injury and its impact on the child and family. An attorney can help estimate the value of your claim.
If your child has suffered a birth injury, taking timely legal action is critical. Our experienced Florida birth injury attorney can guide you through the process, help you understand your legal rights, and ensure your claim is filed within the appropriate deadlines.
Don’t wait to seek justice for your family. Contact Rafferty Domnick Cunningham & Yaffa today for a free consultation and take the first step toward securing the compensation and accountability you deserve.
Get A Free Case Consultation
"*" indicates required fields
Δ
Fred Cunningham and Matthew Christ of Rafferty Domnick Cunningham amp Yaffa are representing the labs in a federal case in
The parents of a newborn who died months after birth are suing a Florida hospital alleging a worker broke the
A lawsuit filed by the parents of a baby who died in claims she suffered a debilitating spinal cord injury