As parents, we feel the pain of seeing your child injured in an accident. We understand that during this phase, you may not know the best way to handle a personal injury settlement for your child. As a parent, you are the one who can make legal decisions on behalf of your child. In this regard, a personal injury attorney Broward County can guide you through the legal process and ensure your child’s rights are fully protected.
In this blog, we will cover all the essential information regarding personal injury claims for minors.
Who Can File A Personal Injury Lawsuit for A Minor?
A minor is an individual under the age of 18. A minor cannot file a personal injury lawsuit on their own, even if they are the only one injured in the accident and they are close to adulthood. However, if one turns 18 after the injury occurs, then they can file a lawsuit on their own.
In most cases, parents act on behalf of their child’s interests, especially when the claim is below $15,000. If the settlement amount is relatively large, you need court approval for personal injury settlement claims. You can contact our best personal injury lawyers at One People Law to get the best legal guidance in your child’s case.
Statute of Limitations in Florida For Child Injury Claims
In Florida, the statute of limitations allows two years from the date of the accident that resulted in injuries. If the injury was sustained before March 24, 2023, the injured party had four years from the date of the accident to file a personal injury lawsuit; now the timeline has been shortened. This applies to both adults and minors as well.
In some cases, the statute of limitations in Florida extends if the injured party is a minor. Here, the plaintiff may have up to seven years to file for a personal injury lawsuit. This statute of limitations is only tolled if the minor doesn’t have a parent, guardian, or guardian ad litem. For instance, if a minor is injured on their 17th birthday and does not have any legal guardian, then the statute of limitations will be tolled. When this same child turns 18 years old, they will be able to sue the defendants independently.
It is a complicated process. Our lawyers can help you choose the safest course of action with proper guidance in such matters.
For Which Damages Can You File A Personal Injury Lawsuit for A Minor?
An injured minor deserves compensation for the same reasons as any other injured adult does. The monetary compensation can help the child recover from their injuries due to the accident and reduce the financial burden on the parents or other legal guardians. The damages in a child’s personal injury settlement include:
- Present and future medical treatment expenses
- Cost of Rehabilitation Services
- Lost wages and earning capacity as a result of the accident. It is applicable to both parents and children.
- Property damages related to the accident
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of companionship and support
- Punitive damages in limited cases.
Why Do You Need to Hire An Attorney for a Personal Injury Claim for Minors?
At One People Law, our expert lawyers fight for your rights and bring you justice. Our experienced lawyers with years of experience offer sharp legal representation and foster inclusivity. Here is how our lawyers help minors during personal injury claims, such as:
- We ensure you file your case by the applicable statute of limitations.
- We assess your child’s condition to cover their medical expenses and other financial compensation.
- Our personal injury attorney in Broward County communicates with insurance companies to pursue the compensation claim you deserve. If we fail to reach a fair agreement with them, we will build a strong case to fight in court.
- We speak to the witnesses who saw the mishap with their own eyes and compile critical evidence to build a compelling case.
- We prepare a settlement agreement and handle your personal injury claim to approve settlements over $15000.
- We negotiate with the insurance companies and other negligent parties who try to underestimate the claim you deserve in court.
How Are Personal Injury Settlements Managed for Minors in Florida?
The laws in Florida are particularly concerned about how a minor’s personal injury settlement agreement is handled. The process of approving the settlement agreement for minors depends on the settlement amount. There are three thresholds for minor settlements:
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Settlement Proceeds Up to $15000
Here, the court approval of the settlement is not necessary unless a civil lawsuit is filed on behalf of the minor child. The parents do not need to seek legal guardianship, and a Guardian ad Litem is not required.
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Settlement Between $15,000.01 and $49,999.99
Within this range, court approval is required for all personal injury settlements involving minors. The court requires legal guardianship. It may or may not appoint a Guardian ad litem (GAL). GAL refers to a person appointed by the court to advocate for your child’s well-being.
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Settlement Amount Over $50,000
All injury settlements for minors over $50,000 require court approval. In this case, the court will appoint a legal guardian and a Guardian ad Litem for the child. However, the court may waive the GAL if the legal guardian has no objection.
Our personal injury attorney Broward County fights for your compensation claims. Once the court approves the settlement amount, it will issue an order approving the settlement agreement. Then, the agreed settlement amount is given to you all at once or through structured payment amounts.
Conclusion
If a minor is injured due to someone else’s negligence, they can’t stand up for themselves. It is up to you to fight for them and ensure that they have the best chance at recovering compensation that will help them move forward with their lives. That’s a huge responsibility, and you don’t have to figure it out alone. Contact One People Law for any personal injury case, regardless of cultural or background differences.