Questions families actually ask

Direct answers, no hedging. Where a question deserves a full page, it's linked. Anything this page doesn't cover, ask me through the free case evaluation.

Does NICA stop my family from suing?

Usually not for a brachial plexus injury. NICA's exclusive remedy covers only injuries to the brain or spinal cord that leave a child permanently and substantially impaired both mentally and physically. A brachial plexus injury is a peripheral nerve injury, and most children with Erb's palsy are cognitively healthy, so the civil claim is generally preserved. Every case deserves its own analysis, done early.

How long do we have to file?

Florida's medical malpractice deadlines layer a two-year discovery period, a four-year outer limit, and a seven-year fraud extension, but a child's claim filed on or before the eighth birthday is protected from the outer limits. The two-year discovery clock can still run, and presuit takes months, so the practical answer is: act now, whatever your child's age.

What does it cost to hire you?

Nothing up front, and nothing ever unless there is a recovery. The fee is a percentage of the recovery set in a written agreement, and my firm advances the costs of building the case. No recovery means no fee and no costs.

The doctors said the arm will heal on its own. Should we wait?

Many mild stretch injuries do recover over time, and we hope your child's does. But waiting and watching medically should not mean waiting legally: evidence ages, deadlines run, and if meaningful recovery has not come in the early months, specialists begin evaluating for surgery and the injury becomes more likely to be permanent. A free records review alongside the medical follow-up costs your family nothing.

Another lawyer already turned us down. Is it over?

No. Cases are declined for many reasons, such as firm economics, caseload, or unfamiliarity with birth injury medicine, that have nothing to do with your child's facts. I review every inquiry personally and would rather hear the story myself.

We don't have any medical records. Can you still help?

Yes. Most families don't have the records when they call. With your authorization, I request the complete delivery chart, fetal monitoring strips, and newborn records directly from the providers. That's part of the investigation, at no cost to you.

Our child was born outside Florida. Can you still help?

I can review what happened, and with your permission connect your family with a qualified birth injury attorney licensed in the delivery state. My intake form asks for that permission directly, and I never share your information without it.

Will we have to go to trial?

Most cases resolve before trial. But the strongest settlements come from cases prepared for trial, and I prepare every case that way. If trial is what it takes, that is what we do.

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