Brandon Birth Injury Attorney
Birth injuries can have lifelong consequences. Our attorneys help families pursue justice when medical negligence is involved.
Table of Contents
Understanding Birth Injury Law
Birth injury law allows families to pursue compensation when healthcare providers fail to meet accepted standards of care during labor and delivery. These cases require proof of medical negligence and clear causation between the negligence and the resulting injury to the child.
Types of Birth Injury Cases We Handle
Cerebral palsy from oxygen deprivation, Erb's palsy from improper delivery techniques, brachial plexus injuries, and infections resulting from poor hygiene are common cases we handle. Each requires detailed medical expert testimony.
What to Expect During the Birth Injury Claim Process
Birth injury cases require thorough medical record review, expert consultation with perinatologists and pediatric specialists, and comprehensive calculation of lifetime care costs including therapy, education, and ongoing medical treatment.
Why Choose Curry Law Group for Your Birth Injury Case
We have experience with complex birth injury cases and relationships with leading medical experts. We understand the emotional burden on families and the financial needs for long-term care.
Frequently Asked Questions
What is considered a birth injury? Injuries occurring during labor, delivery, or immediately after due to medical negligence. Do I have a case? We evaluate whether the provider's actions fell below accepted standards and directly caused the injury. What compensation is available? Medical treatment costs, therapy, education, lost earning capacity, and pain and suffering for your child's lifetime.
Contact Curry Law Group Today
If your child suffered a birth injury, contact our birth injury attorneys immediately. Call 813-653-2500 for a free confidential consultation.
Serving the Greater Tampa Bay Area
Our attorneys represent clients across Hillsborough County. Explore this practice in your community:
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Curry Law Group — Personal Injury Series
Watch our attorneys break down real personal injury scenarios, evidence tips, and what to expect after an accident in Hillsborough County.
Resources & Insights
Related Blogs and Articles
Was a Birth Injury Caused by Medical Negligence?
A difficult delivery or serious newborn diagnosis does not automatically mean that a healthcare provider committed medical negligence. Birth injuries can occur because of congenital conditions, infections, premature birth, placental problems, unavoidable complications, genetic conditions, reduced oxygen or blood flow, trauma, or a combination of factors. Medical negligence may be involved when a healthcare provider fails to meet the applicable professional standard of care and that failure causes or substantially contributes to the child's injury, which usually requires a detailed review of prenatal care, fetal monitoring, labor and delivery records, and opinions from qualified medical professionals.
Read MoreWhat Compensation Is Available in a Birth Injury Case?
A preventable birth injury can create medical, developmental, educational, financial, and personal needs that continue for years or throughout the child's life. When medical negligence causes or contributes to the injury, a claim may seek compensation for reasonable past and future losses, including medical treatment, therapy, assistive equipment, home care, special education needs, reduced future earning capacity, pain and suffering, and losses experienced by the child's parents. The available compensation depends on the nature of the injury, medical prognosis, causation evidence, applicable Florida law, insurance and collectible resources, and whether Florida's Birth-Related Neurological Injury Compensation Plan applies.
Read More
What Is Premises Liability in Florida?
Learn how Florida premises-liability claims work, including slip-and-fall notice, unsafe property conditions, negligent security, evidence, and comparative fault.
Read MoreQuick Resources
Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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