When a child is injured due to someone else’s negligence, the legal and emotional challenges can be overwhelming. Whether the injury occurred in a car accident or on a playground – or was due to a defective product – Florida law takes the rights and well-being of injured children very seriously. If your child has suffered harm, it’s important to understand how Florida personal injury law works to protect minors and what steps you, as a parent or guardian, can take to secure justice and compensation.
Minor Children Have the Same Legal Right to Compensation
Under Florida law, minors children under 18 have the same legal right to compensation for injuries as adults. This includes:
- Medical expenses (past and future)
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement or disability
However, since children cannot legally file lawsuits on their own, a parent or legal guardian must file the claim on their behalf, acting as a “next friend” in legal terms.
Special Legal Protections for a Minor Child
The Florida legal system includes additional safeguards for children involved in personal injury claims, especially when it comes to settlements. Courts want to ensure that any compensation awarded is used in the child’s best interest.
Key legal protections may include:
Court Approval for Settlements Over $15,000: If a settlement for a child’s injury exceeds $15,000, Florida law (§ 744.387, Florida Statutes) requires court approval. This helps ensure that the settlement is fair and that the funds are properly managed for the child’s benefit.
Guardianship of the Property: If a minor receives a large settlement (typically more than $15,000), the court may require that a formal guardianship of the property be established. This means a guardian is appointed to oversee how the money is handled until the child turns 18.
Structured Settlements: In some cases, the court may approve a structured settlement, which pays out compensation over time—often starting when the child reaches adulthood. This can help ensure the funds last and are used wisely.
What Parents Should Do After a Minor Child is Injured
Seek Immediate Medical Attention: Your child’s health is the top priority. Prompt medical treatment not only helps in recovery but also creates important documentation of the injury and its cause.
Document Everything: Keep records of medical treatments, prescriptions, hospital visits, and any other expenses. Also, document how the injury has affected your child’s life— including school absences, physical limitations and emotional distress or PTSD.
Avoid Signing Anything from Insurance Companies: Insurance companies may try to offer a quick settlement. Do not accept or sign anything without first consulting a personal injury attorney. Accepting an early offer could forfeit your right to future compensation.
Consult an Experienced Florida Personal Injury Lawyer: A qualified attorney can guide you through the legal process and help you pursue the maximum compensation available under Florida law for your minor child.
Time Limits: The Statute of Limitations
Generally, Florida’s statute of limitations for personal injury claims is two years (as of recent law changes in 2023). However, when the victim is a minor, the timeline can be extended. Still, it’s critical not to delay—evidence can fade, and witnesses can become harder to reach over time.
Call Probinsky & Cole for Assistance
Protecting an injured child is about more than medical care—it’s about securing their future. Florida law provides strong protections for minors in personal injury cases, but navigating those protections requires experience and diligence. If your child has been hurt due to someone else’s negligence, don’t go it alone. A knowledgeable personal injury attorney from the Probinsky & Cole can help you take the right steps to ensure your child is fairly compensated and fully protected.
