NICA is an acronym that stands for Neurological Injury Compensation Act. It is another attempt to chip away at an injured individual’s right to hold the person that hurt them responsible for his or her actions. It is a no-fault system that provides that if certain situations regarding notice and type of injury are met, an injured child may be deprived of his or her right to sue, and instead be given a nominal amount of money by the state. The lawyers for the insurance companies and medical profession know this, and they try to thrust NICA on these children that bring claims.
In most instances the system is unfair and creates an unjust result. But, there are ways an experienced medical malpractice lawyer can fight the application of NICA. There are over a dozen specific requirements that must be met for NICA to apply, and if any one of them is lacking the case cannot be a NICA claim. It is important to find a lawyer that knows the system and can protect your rights.