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Will my child’s future be funded or forgotten?
Florida families confronting cerebral palsy or brachial plexus paralysis often learn that birth injury payouts range from six figures to well over $1 million, depending on severity and lifelong care costs. Yet averages mean little when your infant’s ventilator rental or in home therapist isn’t amazing. Percy Martinez pairs neonatal experts with forensic economists to translate every lost milestone: missed first steps, halted careers, exhausted caregivers into hard numbers juries respect, securing verdicts that fund adaptive housing, stem cell trials, and college trusts for children from Miami to Tallahassee.
What counts as a birth injury payout in Florida?
A payout covers economic damages (medical bills, future care) plus noneconomic losses (pain, loss of childhood) and, in egregious cases, punitive damages. Nationwide, the average settlement for brain injury claims sits just above $1.03 million, while recent Florida negotiations have topped “many millions” when lifelong ventilatory or mobility support is required. Because each delivery record and MRI tells a different story, Percy Martinez uses a proprietary matrix weighting NICU length, therapy projections, and parental income disruption to anchor demands far above insurer algorithms.
Two paths to compensation: NICA or malpractice lawsuit?
Florida’s Birth Related Neurological Injury Compensation Association (NICA) offers quick, no fault benefits: currently $250k up front plus lifetime medical care, but only for specific brain or spinal injuries and only if the delivering provider paid into the fund. Families excluded or under compensated can sue for full damages in circuit court, where recent jury verdicts have reached eight figure sums.
| Feature | NICA Claim | Malpractice Lawsuit |
|---|---|---|
| Fault needed? | No | Yes (negligence) |
| Up front award | $250k lump sum | Unlimited by statute |
| Lifetime medical | Yes, but limited to “reasonable” expenses | Jury decides scope; future inflation factored |
| Additional damages | Noneconomic barred | Pain, suffering, lost earnings, punitive possible |
Do caps or deadlines still threaten your claim?
Florida’s Supreme Court struck down the 2003 cap on noneconomic damages as unconstitutional, clearing the way for full pain and suffering recovery. The statute of limitations remains two years from when injury was or should have been discovered, with a maximum four year window, and special tolling until a child’s eighth birthday in some cases. Percy Martinez files preservation notices within ten days of intake, securing fetal monitor strips and cord gas labs before hospitals purge their archives, a critical step for families in Orlando, Tampa, and Jacksonville.
Florida juries are sending louder messages and Percy leads the charge
Nationwide, jury verdicts for birth injuries average $1.75 to 2 million, but Florida panels have awarded far higher when negligence is egregious. A Lee County case yielded $31 million after shoulder dystocia mismanagement, and spring 2023 verdicts across three states topped $250 million collectively, signaling juror intolerance for obstetric shortcuts. Percy Martinez’s own 2024 confidential mediation converted into a structured $9.8 million payout for a Miami infant with hypoxic ischemic encephalopathy, 38 percent above the defense’s actuarial reserve, cementing his firm’s statewide reputation.
Next steps: your free, confidential birth injury audit
Gather prenatal records, delivery notes, NICU bills, and developmental therapy receipts. Then book Percy Martinez’s free legal audit, offered in person or secure video. Within 48 hours you’ll receive: (1) NICA eligibility verdict, (2) projected lifetime care cost curve, (3) litigation timeline by venue, and (4) a customized media protection plan. All audits comply with HIPAA and Florida Bar confidentiality, and fees apply only if we win. Call (800) 382-3176, serving families across Miami, Tampa, Orlando, Gainesville, and the Panhandle. Clean revenue, transparent accounting, and audit ready trust disbursements mean your child’s future is funded, not questioned.
Compliance & Transparency
Every settlement includes itemized lien resolution, Medicare Set Asides where required, and CPA verified trust statements, documents built to survive insurance audits and tax reviews.
Legal Disclaimer
This page offers general information for Florida residents and does not constitute legal advice. Outcomes vary by facts.
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