17 Nov What Did the Florida Court Rule Regarding Birth Injury Cases?
Recently, the Florida Supreme Court upheld a limit on how much state-funded compensation parents could receive in a birth-related injury case. The case was brought up because a couple of parents did not find it fair that they would have to split $100,000, whereas a single parent would receive the full $100,000.
The reason the court upheld the law was that any increase in the payout limit would prevent the program from being fiscally sound. The Neurological Injury Compensation Association (NICA) program’s purpose is to aid families so that they do not need to go through litigation to gain compensation.
What Are the Details of the Birth-Related Brain Injury Payout?
The following factors encompass the upheld state law:
- The child’s injury must be due to oxygen deprivation or mechanical injury during the birthing process
- A physician must be in the room during the delivery
- Pay of up to $100,000 is granted to the parents or legal guardians
This payout could be helpful if your child has suffered a birth-related injury. However, if the injury is due to negligence, then you could be eligible for higher compensation in court, including pain and suffering damages.
What If My Child’s Birth-Related Brain Injury Is Due to Negligence?
If you can prove that your child’s injury is due to negligence, then you are likely eligible to secure enough compensation to cover past and future medical bills, rehabilitation, therapy, house renovations for your disabled child as well as non-economic damages. These would likely exceed the $100,000 payout limit for NICA’s program.
If you need a personal injury lawyer for a newborn or child, then contact us so we can help fight for your family’s rights.
Farrell, Patel, Jomarron & Lopez – Birth Injury Attorneys