As a parent, few things are quite as traumatic as seeing your child hurt, especially if itโs something severe like a car accident. In these moments, everything can feel uncertain. You may have no experience dealing with a situation like this.
While you work through the initial shock and stress, practical questions arise. Should you be paying medical bills now and hoping you can recover those costs later? What steps should you be taking to protect your family, like documenting expenses or preserving records? If you decide to pursue legal action, how much time do you have to file a claim? When youโre already dealing with so much, trying to figure out what to do next can feel like an impossible task.
Navigating personal injury claims involving minors in Florida requires additional legal steps and protections to ensure your childโs long-term care and financial security. A Fort Lauderdale personal injury lawyer can guide you on how to handle these claims effectively, allowing you to focus on your childโs recovery.
How Personal Injury Claims Involving Minors in Florida are Different
Personal injury claims can be complex under the best of circumstances. When a minor child is injured due to someone elseโs negligence, these cases become even more intricate, requiring additional legal steps and protections to safeguard the minorโs interests long-term. Here is how personal injury claims involving minors in Florida are different:
- Minors cannot file a personal injury lawsuit – In Florida, a minor is defined as anyone under the age of 18. As a parent, you have the right to file a personal injury claim on your childโs behalf. However, if the child turns 18 after the accident occurs, they can take legal action themselves, as long as the statute of limitations hasnโt run out.
- Stature of limitations – The statute of limitations for minors in personal injury cases in Florida is the same as it is for adults. Florida Statute 95.11 gives claimants two years from the date of the event that caused the injury to file a claim. However, Florida law allows for the statute of limitations to โtollโ in certain circumstances. One of those circumstances is when the injured party is a minor. In that circumstance, the plaintiff may have up to seven years to file a claim. However, there are several qualifications. First, the statute of limitations is only tolled if the minor child doesnโt have a parent, guardian, or guardian ad litem, or if that person has an interest adverse to the childโs, or if that person has been adjudicated to be incapacitated and so cannot sue.
- Court approval for minor settlements – According to Florida law, court approval is generally not required for settlements under $15,000. However, court approval is required when a settlement involving a minor exceeds $15,000 or when a lawsuit has been filed on the minorโs behalf. Even in cases where approval is not legally required, insurance companies often insist on court approval for all minor settlements.
- Structured settlements – The courts have an interest in protecting the best interest of minors. For settlements exceeding $15,000, the court will order the funds be placed in a restricted account, trust, or structured annuity. A parent or legal guardian may be appointed to oversee the funds, but withdrawals usually require court approval. Disbursements are scheduled over time and may begin when the child turns 18, rather than being distributed as a lump sum.
Why Parents Should Avoid Quick Insurance Settlements
Insurance companies may pressure parents to settle quickly, often offering a lump sum. While it may seem convenient, early settlements are risky. The full extent of your childโs injuries may not be evident right away or could worsen over time. Future medical needs are uncertain. If you accept an early offer from the insurance company, you usually have to waive your right to seek further compensation, even if new injuries or expenses come up later on. Thatโs why itโs important to take your time and consult with a Fort Lauderdale personal injury lawyer to ensure any settlement meets your childโs long-term care needs and financial security.
Get Help From a Fort Lauderdale Personal Injury Lawyer
When your child has been involved in a serious accident, your focus is on their care and recovery. At the same time, you want to make sure their future is protected. Personal injury claims involving minors in Florida require additional legal steps to protect their long-term well-being and financial security. The team at Ginnis, Krathen, & Zelnick, P.A. is here to help guide you through the legal process. Contact us today to review your options.