What can I recover if I win my Florida birth injury case?
There are two sets of laws for birth injuries in the state of Florida. One of them is called NICA, which is a special system, slightly like workers’ compensation, where if a baby has a neurological injury as a result of the birthing process, it can go into the NICA system and is entitled to one set of damages.
However, most plaintiffs’ attorneys don’t want the baby or the family to go into the NICA system because the damages are limited. They want to put them in what we call the tort system, where you recover damages for: A, any future medical expenses; B, the lost of ability for that child to function in the job market; and then intangible damages for pain and suffering, mental anguish, the incapacity to lead a normal life. Those type of things are the damages that a baby can be compensated for in a birth-related injury.