Personal Injury Claims Involving Child Injuries: What Parents in Florida Need to Know

If your child has been injured in an accident in Florida, you may be able to take legal action on your child’s behalf. Florida law allows parents to file personal injury claims on behalf of their children; and, if you have grounds to file a claim, you can hire an experienced Florida personal injury lawyer to represent your family at no out-of-pocket cost.

5 Important Facts About Personal Injury Claims Involving Child Injuries in Florida

Here are five more important facts to know about filing a personal injury claim for a child injury in Florida:

1. Even if You Technically Still Have Plenty of Time, It Is Important to Take Action Promptly

Under Florida law, accident victims (or their parents) typically have up to two years to file a personal injury claim—and this can be extended in cases involving child injuries. However, even if you technically still have plenty of time to file, there are several important reasons why you should talk to a Florida personal injury lawyer right away.

First and foremost, filing a successful personal injury claim for a child injury requires evidence of what happened. If you wait to hire a lawyer—and if your lawyer isn’t able to collect key evidence as a result—you may not be able to recover the financial compensation your family deserves. Waiting to take legal action will also delay the outcome of your family’s personal injury claim, and this could lead to financial strain unnecessarily.

2. Special Rules Apply to Personal Injury Claims Involving Child Injuries

As a parent, you have the right to file a personal injury claim on your child’s behalf. This is true regardless of the circumstances at hand. However, special rules apply in child injury cases—including special rules regarding settlement.

Under Florida law, parents can settle a personal injury claim on behalf of their child as long as the value of the settlement is less than $15,000. However, if the value of the settlement exceeds $15,000, then the parents must obtain court approval. In this scenario, the parents must also obtain a bond, and they will need to appoint a guardian to manage the settlement funds in their child’s best interests.

While these steps add complexity to the process, if your family has a personal injury claim, you can rely on your family’s lawyer to handle these steps on your behalf. Ultimately, if taking these additional steps means securing the financial resources your family needs for the future, they will be well worth it in the end.

3. The Financial Costs of Childhood Injuries Can Add Up Quickly (and Can Continue Adding Up for Years to Come)

In many cases, accidents resulting in child injuries will lead to costs well in excess of $15,000. Medical care has become incredibly expensive, and many types of serious childhood injuries will require long-term care.

If your child’s accident results in a permanent physical or cognitive disability, the financial costs of the accident could continue adding up for the rest of your child’s life. In this scenario, these costs will include not only medical expenses and other costs associated with meeting your child’s needs, but your child’s loss of future earnings as well. If a negligent driver, property owner, product manufacturer or any other party is responsible for preventing your child from earning a living in the future, this party deserves to be held fully accountable for the financial consequences of its mistake.

4. Serious Injuries Suffered During Childhood Can Have Lasting Non-Financial Consequences as Well

Along with seeking compensation for the financial costs of their child’s injuries, parents in Florida can seek compensation for the non-financial consequences of their child’s injuries as well. This includes compensation for their child’s present and future:

• Physical pain and suffering
• Emotional distress
• Loss of companionship and society
• Loss of consortium, services and support
• Loss of enjoyment of life

In cases involving disfiguring injuries, parents can also seek financial compensation for their child’s scarring or disfigurement. Similar to the other non-financial consequences listed above, this is compensation above and beyond the costs of all necessary medical care. Living with a disfiguring injury can have a variety of emotional and psychological effects; and, while disfiguring injuries impact different people differently, an experienced Florida personal injury lawyer will be able to help ensure that you are seeking an appropriate amount of compensation for your child’s injury regardless of his or her age.  

5. There Are Important Steps You Can (and Should) Take to Protect Your Family’s Legal Rights

To protect your family’s legal rights and help maximize your family’s chances of securing financial compensation for your child’s injury, there are some important steps that you should try to take promptly. These steps include (but are not limited to):

• Keep any documentation you have of your child’s accident. This may include photos, videos, a copy of the police report or incident report, or relevant communications.
• Take photos or videos to document your child’s injuries from the accident.
• Be sure to follow your child’s doctor’s treatment recommendations, or seek a second opinion promptly if you have concerns.
• Do your best to keep copies of all of your child’s medical records and medical bills.  
• Schedule a free initial consultation with a Florida personal injury lawyer who handles child injury cases.

As we mentioned above, hiring a Florida personal injury lawyer to represent your family costs nothing out-of-pocket. Your lawyer will handle your family’s child injury claim on a contingency-fee basis, which means that your legal fees (if any) will be deducted from your family’s settlement or verdict if your case is successful.

Discuss Your Family’s Legal Rights with a Florida Personal Injury Lawyer for Free

At Searcy Denney, we are passionate about helping families seek justice in child injury cases. If your child has been seriously injured in an accident, we encourage you to contact us promptly for more information. Call 800-780-8607 or request a free consultation online to discuss your family’s legal rights with an experienced Florida personal injury lawyer at our firm today.