Florida law provides that a child born alive may recover damages for his or her own injuries occurring as a fetus, regardless of viability. A child is entitled to a judgment for damages against a tortfeasor based on that party's percentage of fault. A parent may not recover for damages that are personal to the child, such as the child's personal injuries, pain, disfigurement, and disability. The child must bring a cause of action for such damages through a guardian or next friend. Additionally, a child plaintiff may include his or her parent or parents on the jury verdict form in a personal injury case if there is sufficient evidence of fault, irrespective of whether the parent is immune from being sued by the child, a cotortfeasor or both.

The Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will advise a plaintiff that under Florida's born alive doctrine,a fetus that suffers a prenatal injury due to a third party and that is born alive may pursue certain causes of action against the third party. Therefore, a child born alive, that suffered prenatal injuries at any time after conception, has a claim against the alleged tortfeasor. Additionally, there is a relation back to the time of injury in order for the child to initiate his or her cause of action. Moreover, some courts allow a negligence claim by a plaintiff who had not been
conceived at the time of the alleged negligence, by adoping a blanket no duty rule based on the timing of a physician's alleged negligence.

A cause of action for prenatal injuries can be complex, expensive, and an emotionally charged action. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.