5 FAQs for Parents Seeking to File a NICA Claim in Florida

5 FAQs for Parents Seeking to File a NICA Claim in Florida

Date: 20 November 2023 | Blog | Birth Injury | By: Sanga Turnbull

When facing a birth-related neurological injury, the stress and emotional toll on a family can be immense. The Florida Birth-Related Neurological Injury Compensation Act (NICA) aims to ease some of that burden by offering a streamlined avenue for compensation. Despite its advantages, navigating NICA can be complex and full of uncertainties. To help you better understand the program, we've gathered five frequently asked questions that parents often have when considering filing a NICA claim.

What Types of Injuries are Covered Under NICA?

Answer: NICA specifically covers birth-related neurological injuries that occurred during labor, delivery, or immediate resuscitation after delivery. Such injuries include, but are not limited to, conditions like cerebral palsy and certain types of seizures.

What Do I Need to Prove to Qualify for a NICA Claim?

Answer: Unlike medical malpractice claims, where you need to prove negligence, NICA claims do not require proof of fault. However, you must establish that the injury occurred during the birth process and that your obstetrician was a NICA member at the time of the birth. Medical documentation and records are critical for this.

Can I Choose Between NICA and a Medical Malpractice Lawsuit?

Answer: While NICA is designed to be an alternative to the traditional medical malpractice route, your specific circumstances can influence which is the better choice. Consult an experienced attorney to review your situation and decide which avenue is more suitable for you.

What Benefits Can I Expect from a NICA Claim?

Answer: If your claim is accepted, you may be entitled to a wide range of benefits. These can include lifetime medical expenses related to the injury, hospitalization costs, medications, special equipment, and even certain travel expenses. There's also a provision for a one-time cash award of up to $100,000 to help with immediate expenses and alleviate financial stress.

How Long Does It Take to Receive Compensation?

Answer: The timeline can vary depending on various factors such as the complexity of the case and how promptly you can provide all required documentation. Once the claim is accepted, some initial benefits might be accessible relatively quickly, while others, like long-term care costs, may be ongoing.

Conclusion

Filing a NICA claim can be a daunting task, but understanding the basics can make the process more approachable. This article aims to answer some of the most common questions parents have while considering a NICA claim. It's also crucial to consult with an experienced attorney to guide you through the specifics and to represent your interests effectively. Your child’s well-being is of the utmost importance, and taking the right steps in the NICA claims process can make all the difference.

Call 407.612.6464 • 863.324.3500 today to speak with an experienced Birth Injury Lawyer who proudly serves Lakeland, Orlando, and throughout the State of Florida.