FAQ
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Birth Injury
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How Will You Determine Who Is Liable for My Child’s Birth Injury?
Determining liability in a birth injury case involves a complex legal process. Our birth injury attorneys will investigate your child's case to identify potential parties responsible. Here are some factors we consider:
1. Medical Negligence:
- Deviation from Standard of Care: Did the healthcare provider(s) fail to meet the standard of care expected of a reasonably prudent medical professional in similar circumstances?
- Causation: Did the provider's negligence directly cause your child's injury?
2. Potential Parties:
- Physicians: Obstetricians, neonatologists, and other medical specialists
- Hospitals and Clinics: The facility where the birth occurred
- Nurses and Midwives: Healthcare professionals involved in the delivery process
3. Investigative Process:
- Reviewing Medical Records: Analyzing birth records, lab results, and treatment plans
- Consulting Medical Experts: Obtaining expert opinions on the standard of care and causation
- Gathering Evidence: Collecting witness statements, photographs, and other relevant documents
- Building a Strong Case: Presenting a compelling legal argument to hold the responsible parties accountable
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Is There a Deadline for Filing a Birth Injury Lawsuit in Florida?
Yes, there is a deadline for filing a birth injury lawsuit in Florida.
Florida has a statute of limitations, which sets a time limit for filing a lawsuit. For birth injury cases, there are a few key deadlines to be aware of:
1. Two-Year Statute of Limitations:
- Generally, you have two years from the date of the injury or the date you discovered (or should have discovered) the injury to file a lawsuit.
2. Tony's Law:
- This law extends the deadline for certain birth injury cases to the child's eighth birthday. However, this law has specific requirements and may not apply to all cases.
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How Will You Calculate the Future Costs of My Child’s Medical Care and Therapy?
To accurately calculate the future costs of your child's medical care and therapy, we'll employ a multi-faceted approach that involves:
1. Medical Expert Testimony:
- We'll consult with medical experts specializing in your child's specific condition.
- These experts will assess your child's current needs and project their future medical requirements.
- They'll consider factors like the severity of the injury, the likelihood of complications, and the potential need for ongoing treatments.
2. Economic Expert Testimony:
- An economic expert will analyze the projected medical costs, including:
- Hospitalizations
- Surgeries
- Medications
- Therapy (physical, occupational, speech)
- Assistive devices
- In-home care
- Specialized education
- Transportation costs
3. Life Expectancy Calculations:
- We'll consider your child's life expectancy, their specific condition, and general life expectancy tables.
4. Inflation and Interest Rates:
- We'll account for future inflation and interest rates to ensure the award sufficiently covers future costs.
5. Contingency Planning:
- We'll consider potential future medical advancements and unexpected needs to ensure that the award is adequate.
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Car Accidents
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How Long Do I Have to File a Lawsuit After a Car Accident?
In Florida, you generally have two years from the date of the car accident to file a personal injury lawsuit. This is known as the statute of limitations.
It's crucial to consult with an attorney as soon as possible after a car accident to discuss your specific case and ensure you meet all legal deadlines. An attorney can provide tailored advice and help protect your rights.
Here's why it's important to act promptly:
- Evidence Preservation: Timely action helps preserve evidence, such as medical records, police reports, and witness statements, which are crucial for building a strong case.
- Insurance Company Tactics: Insurance companies may try to settle quickly with low offers. An attorney can help you negotiate a fair settlement or prepare for litigation.
- Complexities of Legal Process: Personal injury cases can be complex, involving various legal procedures and deadlines. An attorney can guide you through the process.
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Can I Sue for Pain and Suffering After a Minor Accident?
It depends. While Florida is a no-fault state, meaning your own insurance typically covers your injuries, there are specific circumstances where you can sue for pain and suffering after a car accident, even if it's considered minor.
- Severity of Injuries:
- Minor Injuries: If your injuries are relatively minor and don't meet the "serious injury" threshold, you may not be able to sue for pain and suffering.
- Serious Injuries: If your injuries are severe, such as significant permanent injury, disfigurement, or significant loss of bodily function, you may be able to file a lawsuit.
- Economic Damages:
- Significant Medical Bills and Lost Wages: Even if your injuries aren't severe, if you've incurred substantial medical bills or lost significant wages, you may be able to file a lawsuit.
- At-Fault Driver:
- Liability: If the other driver was clearly at fault for the accident, you may have a stronger case for a lawsuit.
- Severity of Injuries:
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How Do I Deal With Insurance Companies After a Car Accident?
Document Everything
After a car accident, it's crucial to document everything related to the incident. Obtain a copy of the police report, keep detailed records of medical treatments, take photos of vehicle damage, and collect contact information from any witnesses.
Notify Your Insurance Company
Promptly notify your insurance company about the accident. Be cautious when speaking with insurance adjusters, as they may try to gather information to minimize the company's liability. Consider consulting with an attorney before speaking with the adjuster.
Understand Florida's No-Fault Law
Florida is a no-fault state, meaning your own insurance policy's Personal Injury Protection (PIP) coverage will typically cover your medical expenses and lost wages, regardless of fault. However, if your injuries exceed your PIP coverage or you have significant property damage, you may need to file a claim against the at-fault driver's insurance policy.
Be Wary of Insurance Adjusters
Remember that insurance adjusters work for the insurance company, not for you. They may try to offer a quick settlement that doesn't fully compensate you for your losses. Avoid accepting any settlement offer without consulting with an attorney.
Consider Hiring a Car Accident Attorney
A car accident attorney in Jacksonville, FL can provide expert legal advice, negotiate with insurance companies, and represent you in court if necessary. By hiring an attorney, you can increase your chances of obtaining fair compensation for your injuries and damages.
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What if the Other Driver Doesn’t Have Insurance in Jacksonville, FL?
If the other driver in an accident in Jacksonville, FL, doesn't have insurance, your own uninsured motorist (UM) coverage can help protect you. While UM coverage isn't mandatory in Florida, it's highly recommended. It can cover medical expenses, lost wages, and property damage caused by an uninsured or hit-and-run driver.
If you don't have UM coverage, you may need to pursue legal action against the uninsured driver to recover damages.
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