When a minor is injured by another party’s negligence, Florida law outlines a special set of rules regarding personal injury claims. Specifically, Florida Statute 744.387 controls the settlement of all personal injury claims involving minors. The settlement of a minor’s claim can be more complicated and time-consuming than a normal personal injury case, but the statute’s goal is to ensure the settlement is in the best interest of the minor child while protecting them from adults who may exploit their situation. To achieve these protections, the Court’s approval is required in most cases involving minors in Florida.

In Florida, a minor is defined as any person under the age of 18. A minor child does not have the legal authority to negotiate or settle their own claim, and they are not allowed to control the funds provided for in their settlement. Minors are generally represented by parents. However, in situations when a parent (or suitable parent) is absent, the court has the right to appoint another person to act as Guardian.

Is Court Approval Necessary in a Claim Involving a Minor?

Determining whether court approval is required in the case of a minor’s claim is typically dependent on the size or severity of the claim. Court approval is obtained by establishing guardianship for the minor, followed by the filing of a Petition for Approval of the Minor’s Settlement. The Petition must include all relevant details of the case, such as liability and damages, settlement amount, and attorneys’ fees and costs.

If the gross settlement is $15,000.00 or less and a lawsuit has not been filed, court approval is unnecessary.
If the gross settlement is $15,000.00 or less, but a lawsuit has already been filed, court approval is required.
If the gross settlement is greater than $15,000.00, court approval is required.

Similarly, the necessity to appoint a guardian of the property is based on the claim and settlement.

If the gross settlement is $15,000.00 or less, an appointed guardian is not required.
If the gross settlement exceeds $15,000.00, a guardian may be required; but only if the net settlement after attorneys’ fees and costs exceeds $15,000.00.

The appointed guardian of the property is generally the minor’s legal guardian. they hold the responsibility for signing any releases and collecting the net settlement proceeds. However, the Court maintains sole jurisdictions over how and where the minor’s net settlement funds will be held and how they may be allocated or spent. The Court (not the guardian) controls the minor’s funds until the minor child reaches the age of 18. Court approval is required if the guardian wishes to access the funds. The Court will consider the best interest of the minor child when granting or denying such access.

What is a Guardian Ad Litem? A Guardian Ad Litem is another attorney with personal injury case experience who offers a “second opinion” to the Court as to if the proposed settlement is in the child’s best interests.

Who Should You Call if Your Minor Child Has Been Injured?

Like any personal injury situation, obtaining an attorney’s advice and counsel early on may be imperative to gaining a fair settlement. If you are the guardian of a minor child who has been injured due to someone else’s negligence, whether in a car accident or an accident at school, call the Sarasota attorneys at Probinsky & Cole to discuss your situation. If you have a case and deserve compensation, we can work with you through the details and help get you to a fair resolution.

Probinsky and Cole are personal injury and immigration attorneys with offices in Sarasota, Tampa, and Orlando.