My Child Was Injured by Negligence. Now What?Trusted Content
Legally reviewed by:Erik Abrahamson, J.D. December 19, 2018
As parents, it is our job to protect our children from injury of any type. But sometimes you can’t protect your child from someone else’s negligence in Florida. According to the Center for Disease Control and Prevention (CDC), unintentional injuries are the leading cause of death for children and most child injuries are the result of motor vehicle accidents. While you may not be able to protect your child from everything, you can make sure that those responsible for his or her injury are held accountable.
Filing a Child Injury Case
The general rule in Florida is that minor children cannot file lawsuits on their own behalf because they are not of legal age to do so. This means that a parent or legal guardian must pursue the case on behalf of the child. Different rules apply to cases involving minor children. As a parent, you should contact an experienced personal injury attorney as soon as possible after your child is injured as there are a number of important reasons why you may not want to wait to file your claim.
Children can receive the same damages that an adult would receive in a personal injury lawsuit. These include medical expenses, pain, and suffering, and in some cases lost earning potential. In some instances, parents can file a lawsuit to recover their own damages resulting from the child’s injury.
Can a Parent Settle a Lawsuit on Behalf of a Minor Child?
Florida has a specific law in place that governs the settlement of cases on behalf of a child. If a settlement amount is less than $15,000, then a parent or guardian can settle a claim on behalf of the child without the approval of a court. If the settlement amount is $15,000 or more, however, then the parties must seek court approval of the settlement. There are also special procedures for the distribution of any monetary settlement awarded to a minor.
Contact a Trusted Attorney
If your child has been injured as the result of someone’s negligence, you should consult with an experienced personal injury attorney. Contact the trusted lawyers at Abrahamson & Uiterwyk online or call us at 1-800-538-4878 to schedule your free consultation.