What Is a Birth Trauma Compensation Claim?
A birth trauma compensation claim is a legal request for money to cover a child’s injuries and a family’s losses when medical negligence during labor or delivery caused harm. Under Florida law, parents file on the child’s behalf so funds support lifelong needs. When Percy Martinez’s team proves a provider breached the standard of care, insurers or a jury pay for medical bills, home modifications, and future therapies.
Do I Have a Valid Claim?
You likely qualify if ① a doctor patient relationship existed, ② the provider acted below accepted medical standards, and ③ that mistake directly caused your baby’s injury. Medical records, fetal heart tracings, and expert OB GYN testimony prove these links. Percy Martinez’s in house certified legal nurse consultants flag red flag entries in hours, not weeks, preserving evidence before it fades.
What Compensation Can Cover
| Damage Type | Typical Florida Range* | Example Costs |
|---|---|---|
| Medical & therapy bills | $250k to $12M | Surgeries, wheelchairs, PT |
| Lost future earnings | $300k to $3M | If child can’t work |
| Pain, suffering, loss of life’s enjoyment | Varies | Non economic |
| Home & vehicle modifications | $50k to $250k | Ramps, lifts, vans |
| Parents’ lost wages | Case specific | Caregiving leave |
Florida Deadlines, NICA & Other Rules
Florida’s medical malpractice statute of limitations is generally two years from when parents knew or should have known negligence occurred, but never later than a child’s eighth birthday. Severe neurological injuries may instead fall under the NICA no fault program, which offers a $250,000 lump sum plus lifetime care but bars later lawsuits. Choosing the wrong path can erase your rights, so swift legal guidance is critical.
| Key Deadline | Time Limit |
|---|---|
| Standard malpractice suit | 2 years |
| Statute of repose (child) | 8 years |
| NICA filing | Before child’s 5th birthday |
How Percy Martinez Maximizes Results
Percy Martinez has handled complex birth injury cases in federal and state courts for over 30 years, recovering multi million dollar awards nationwide. His Miami-Dade headquarters pairs trial attorneys with medical investigators, driving faster settlements and courtroom wins. Clients praise the firm’s “clear updates” and “life changing verdicts,” and insurers know the team will try a case if offers fall short.
Step by Step Claim Process
- Free Call or Chat. A lawyer listens and outlines options in minutes.
- Records & Expert Review. Our nurses gather charts; OB GYN experts issue opinions.
- Notice of Claim. We file the mandatory presuit notice per Fla. Stat. 766.203.
- Settlement Talks. Most cases resolve here; average national birth injury settlement is about $1M.
- Trial Ready. If an insurer stalls, our trial team pursues maximum verdicts.
Every stage runs on a contingency fee: you pay nothing unless we win.
Take Action Today
Hospital bills mount quickly; evidence doesn’t wait. The sooner Percy Martinez investigates, the stronger your case and the higher the potential payout. Call (305) 529-0001 or click below for a free audit of your medical records and options. Rest easy knowing a proven Florida leader is fighting for your child’s future.
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