New Smyrna Beach, Florida

New Smyrna Beach Birth Injury Lawyer

Birth Injury Lawyer in New Smyrna Beach, Florida

Birth Injuries in New Smyrna Beach, Florida

At Adam Clark Law, we understand that the joyous occasion of welcoming a new life into the world can sometimes be marred by the devastating consequences of a birth injury. After screening hundreds of birth injury cases in the Southeastern United States, we are not only competent, but want to be a source of clarity and comfort for mother, baby and family, and to provide you with the support and legal representation you need during this challenging time.

Birth injuries can occur due to various factors, including medical negligence, improper prenatal care, complications during labor and delivery, improper neonatal period, or even afterward as a result of negligence during the follow-up care periods. These injuries can have lifelong consequences, affecting not only the child, but also the entire family emotionally, physically, and financially.

Our firm is committed to seeking justice and fair compensation for families dealing with birth injuries. We work tirelessly to not only identify prospective defendants, hold responsible parties accountable, whether it is a healthcare professional, hospital, or medical institution. Our firm possess a deep understanding of medical malpractice laws and have a proven track record of achieving favorable outcomes for our clients.

When you choose Adam Clark Law, you can expect personalized attention and compassionate guidance throughout the presuit investigation, litigation and otherwise full-blown legal process. We will thoroughly investigate your case, consult with medical experts, and build a strong legal strategy tailored to your unique situation. Our goal is to secure the compensation necessary for pain and suffering, disabilities, and cover past and future medical expenses, ongoing care, therapy, other relatable costs, and all other damages as allowed under applicable law.

We understand that this is a difficult time for your family, and we are here to provide the support you need. Contact Adam Clark Law today to schedule a confidential consultation for your prospective birth injury case. Let us fight for your rights and help you navigate the complexities of a birth injury investigation and lawsuit.

Birth Injury Representation for New Smyrna Beach Families

Pregnancy care in New Smyrna Beach can be local; delivery usually is not. Families see their obstetricians and midwives close to home, then travel to the larger regional hospitals — in Daytona Beach, DeLand, and beyond — when labor begins. That split matters legally, because a birth injury case must reconstruct the entire arc of care: the prenatal visits where warning signs should have been caught, the monitoring decisions made hour by hour during labor, the delivery itself, and the newborn’s first days, which for the most fragile babies may mean a NICU far from home. We gather and connect the records from every link in that chain.

The medicine in these cases is unforgiving, and so is the law. Florida routes certain catastrophic neurological birth injuries into NICA, a no-fault administrative program, and the question of whether a child’s injury falls inside or outside that system can determine everything about the family’s remedy. Beyond NICA, the claim must survive Florida’s presuit screening statute, with expert corroboration and formal notice, before any lawsuit is possible. And although the law protects many minors’ claims from expiring before a child’s eighth birthday, the practical evidence — fetal monitoring strips, staffing records, witness memories — erodes far faster than the legal deadline.

What should prompt a family to ask questions? A labor that went on too long with readings the nurses seemed worried about. A rushed emergency C-section. A baby who needed resuscitation, cooling treatment, or an unexplained transfer. A later diagnosis of hypoxic-ischemic encephalopathy, cerebral palsy, or a brachial plexus injury. These children often face years of therapy, equipment, and specialized care, and Florida law allows a properly proven case to account for that entire future — not just the first year’s bills.

Adam Clark approaches this work with a perspective few plaintiff’s lawyers carry: he spent years on the defense side of medical litigation, representing hospital systems and physician groups, and his firm has screened hundreds of potential birth injury claims across the Southeast. From the Canal Street office, he serves families throughout Volusia County, and every case the firm accepts is handled on contingency, with no fee unless compensation is recovered.

If your child’s delivery left you with questions no one at the hospital would answer, we will help you find out what actually happened.

Adam Clark, Esq., founder and managing attorney of Adam Clark Law, PLLC

Meet the Attorney Handling Your Case

Adam Clark, Esq., is the founder and managing attorney of Adam Clark Law, PLLC — a trial lawyer who represents injured individuals and families in catastrophic personal injury and wrongful death cases throughout Florida and Kentucky, admitted to practice law in both states.

How I Optimize Justice

Client-Centric, Transparent Attorney-Client Relationship under Confidential Protections

  1. Proprietary App

    We have developed an iOS and Android App that allows you to track your case in real time.

  2. Digital Signatures

    You can sign documents directly from your phone. No need to fumble with email attachments or the post office.

  3. Location Near You

    Having locations near you allows me to better serve you face-to-face during this stressful period.

Areas Served

Out of the New Smyrna Beach office, we serve the following areas for Birth Injuries:

Frequently asked questions

Your Questions Answered: Guidance on Birth Injuries

We live in New Smyrna Beach but delivered in Daytona Beach. Can you take our case?
Yes — that is the typical pattern here. Expectant parents in Southeast Volusia usually receive prenatal care close to home, while labor and delivery most often takes place at the larger regional hospitals to the north and west. A birth injury claim follows the care, not the city limits, and we investigate every provider who touched the pregnancy: the obstetric practice, the delivering physicians and nurses, and the hospital itself.
What is NICA, and why does it matter to Florida families?
The Birth-Related Neurological Injury Compensation Association is Florida's no-fault program covering a narrow category of catastrophic neurological injuries caused by oxygen deprivation or mechanical trauma during labor and delivery. When it applies, it can channel a family away from the courts and into an administrative remedy — so whether the statutory criteria are met, and whether the providers properly participated in the program and gave the required notice, is frequently the first fight in a Florida birth injury case. We analyze the NICA question before anything else.
How long do we have to act on our child's behalf?
Florida's malpractice deadlines are complicated, and birth injury cases add a layer: the law preserves many claims brought on a minor's behalf from being extinguished before the child's eighth birthday. That protection is real but treacherous to rely on, because evidence degrades, fetal monitoring strips and staffing records become harder to assemble, and the mandatory presuit process takes months on its own. If you suspect something went wrong, have it evaluated now rather than trusting the calendar.
What signs suggest a birth injury may have been preventable?
Families often sense it before anyone says it: an emergency C-section that came after hours of concerning monitor readings, a baby who needed resuscitation or cooling therapy, a NICU transfer no one explained, a diagnosis of HIE or cerebral palsy that arrived months later. None of these proves negligence by itself — but each is a reason to have the complete medical records reviewed by professionals who know what the standard of care required.
Where would our family's case proceed?
If the NICA gateway does not resolve the claim and suit is filed, cases arising from care in Volusia County are brought in the Circuit Court for Volusia County within Florida's Seventh Judicial Circuit. Claims involving providers elsewhere in Central Florida proceed where that care occurred, and we handle both.
Why bring a birth injury case to Adam Clark Law?
Few case types demand deeper medical fluency, and Adam Clark built his on both sides — years spent defending hospital systems and physician groups, followed by a plaintiff's practice that has screened hundreds of potential birth injury cases across the Southeastern United States. Families here work directly with him, the case is handled on contingency, and nothing is owed unless there is a recovery.

Results

My goal is to optimize justice for my clients and provide accountability, improve the standard of care, and promote safer practices to the defendants and defense insurance companies.

$5.375 Million

Medical Malpractice, Medical Device Product Liability

Settlement · 2022

$2.05 Million

Automobile Crash

Settlement · 2026

$1.3 Million

Automobile Crash

Verdict · 2021

AmountDate
$5.375 Million
Type
Settlement
Areas
Medical Malpractice, Medical Device Product Liability
2022
$2.05 Million
Type
Settlement
Areas
Automobile Crash
2026
$1.3 Million
Type
Verdict
Areas
Automobile Crash
2021
$1.2 Million
Type
Settlement
Areas
Automobile Crash
2025
$1.15 Million
Type
Settlement
Areas
Negligence
2025
$1 Million
Type
Settlement
Areas
Automobile Crash
2026
$1 Million
Type
Settlement
Areas
Premises Liability
2021
$807,000
Type
Award
Areas
1st Party Property, Hurricane Damage
2024
$800,000
Type
Settlement
Areas
Premises Liability
2021
$600,000
Type
Settlement
Areas
Medical Malpractice
2025
$476,000
Type
Award
Areas
1st Party Property, Hurricane Damage
2024
$400,000
Type
Settlement
Areas
Automobile Crash
2025
$400,000
Type
Settlement
Areas
1st Party Property, Hurricane Damage
2025
$380,000
Type
Settlement
Areas
Premises Liability
2023
$375,000
Type
Settlement
Areas
Premises Liability
2021
$310,000
Type
Settlement
Areas
Automobile Negligence
2025
$300,000
Type
Settlement
Areas
Automobile Crash
2024
$250,000
Type
Settlement
Areas
Automobile Crash
2024
$250,000
Type
Settlement
Areas
Automobile Crash
2022
$225,000
Type
Settlement
Areas
Premises Liability
2021
$215,000
Type
Settlement
Areas
Automobile Crash
2025
$200,000
Type
Settlement
Areas
Automobile Negligence
2025
$200,000
Type
Settlement
Areas
Automobile Crash
2025
$200,000
Type
Settlement
Areas
Negligence
2025
$200,000
Type
Settlement
Areas
Automobile Crash
2022
$197,500
Type
Settlement
Areas
Automobile Crash
2024
$175,000
Type
Settlement
Areas
Premises Liability
2023
$161,000
Type
Settlement
Areas
1st Party Property, Hurricane Damage
2024
$160,000
Type
Settlement
Areas
1st Party Property, Hurricane Damage
2024
$150,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2024
$100,000
Type
Settlement
Areas
Automobile Crash
2023
$100,000
Type
Settlement
Areas
Automobile Crash
2023
$100,000
Type
Settlement
Areas
Motorcycle Crash
2021
$100,000
Type
Settlement
Areas
Automobile Crash
2021

Each case is unique. Past results do not guarantee or predict a similar outcome in any future case.

Let’s Get Started

A consultation is free. Call, text, email, or send a message — whatever is easiest for you.

or

Simply complete the form below and please be as detailed as possible so that I can understand your problem.