Tampa Birth Injury FAQs
Where do I file a Tampa birth injury lawsuit?
Most Tampa birth injury lawsuits are filed in the 13th Circuit Court. The court covers Hillsborough County for claims that involve an amount in controversy of $30,000 or more. If the claim is in the surrounding areas, it may go to one of the following Circuit Courts:
- 6th Circuit – Pasco, Pinellas Counties
- 10th Circuit – Hardee, Highlands, Polk Counties
- 12th Circuit – DeSoto, Manatee, Sarasota
The Hillsborough County Court handles claims in the county that are valued under $30,000. However, because of the life-long implications of most birth injury claims, the claim is typically filed in the appropriate Circuit Court for a higher amount. The claim may be where the victim is located, where the injury occurs or where the care provider has an established place of medical practice.
Our team of attorneys for Tampa birth injuries can help you determine the most appropriate place to file your claim. Contact us today to learn more.
What is the value of a birth injury claim?
The value of a birth injury claim is typically high because of the long-term damages suffered by the victim. An injured child may need hands-on care for the rest of their life. As a result, they may be unable to work or enjoy independence.
The value of a birth injury claim identifies and includes economic losses and expenses, along with an additional amount to represent the suffering and lost opportunities endured by the child. The value of a birth injury claim is subject to state laws that may limit compensation or provide time deadlines to bring a claim.
What are the laws in Tampa for birth injury lawsuits?
Laws in Tampa for birth injury lawsuits come from Florida medical malpractice and negligence laws. Specific laws for medical malpractice, including birth injury claims, are found in Florida law 766.118¹.
However, the Florida Supreme Court ruled that damage caps in these types of claims are arbitrary and unconstitutional. In Tampa, a birth injury victim may bring a claim for compensation if the injury results from the negligent actions or inaction of a healthcare professional. The standard is based on care that the individual can reasonably expect from someone with the care provider’s training, skill and experience.
Does the statute of limitations apply to birth injury claims in Tampa?
Yes, the statute of limitations applies to birth injury claims in Tampa. In fact, Florida law 95.11² creates a special timeline for minors, including newborns, for bringing birth injury claims in the State of Florida. The general rule establishes a two-year time limit for medical malpractice claims. However, a newborn may rely on Tony’s law to bring the claim before the child’s eighth birthday.
It’s essential to speak to our team of Tampa lawyers about time limitations that may apply in your case. Our team works quickly to meet deadlines, and we’re aware of all of the restrictions and exceptions that may allow you to pursue your claim.
Legal References:
¹FLA. STAT. § 766.118 (2020)
²FLA. STAT. § 95.11 (2020)