Child Injury Claims in Florida: Legal Protections and Parental Rights

When you are injured in some type of unintentional injury accident like a car accident, you may be able to hold the party that caused your crash accountable and file a claim against their insurance for financial compensation. But, what happens if a child is hurt in an accident? What are their rights and their parent’s role?

A child who is injured by a negligent party can make taking legal action a little more complicated than when an adult is injured by negligence. This is because a child cannot take action to make a claim for compensation when they are under the age of 18. However, this does not mean that the child is not owed financial recompense for their damages. Minors will need a parent or legal guardian to take legal recourse on their child’s behalf.

For assistance with an injury claim when your child was harmed in an accident, you are welcome to call a Tampa personal injury attorney at Fulgencio Law.

Child Injury Lawsuits in Florida

When a child is injured in an accident Florida child injury laws allow parents and legal guardians to file a claim for the child. Depending on how much compensation the child is owed will dictate how involved the court will have to be in the process.

For instance, if an agreement can be made on a settlement amount that is $15,000 or less, then a parent or legal guardian will not be required to have court approval. For settlements that are over $15,000 court approval is required. The parent or legal guardian must file a Petition for Approval of Settlement. This filing essentially details everything about the case, the costs, and what was considered during negotiations. A judge will review the settlement agreement and ensure that it is in the child’s best interests before approving it.

In situations where an agreed-upon settlement cannot be made, and a lawsuit has to be filed, then court approval is necessary. 

In some cases, an insurance company and a parent may come to an agreement on a settlement but before any funds are dispensed, the insurance company could require court approval.

Just as there are rules for filing a claim or lawsuit on behalf of a child, there are also guidelines for accepting financial compensation. 

Settlements that are $15,000 or less can go to the parents and they will be expected to use the money for the best interest of their child.

When a settlement is over $15,000 then the funds are put in a restricted annuity or a bank account and guardianship is established. Money can only be withdrawn with a court order. The court will determine if the funds requested are legitimate and appropriate before a transaction is approved.

Speak with an Attorney at Fulgencio Law Today

As a parent, you want what is best for your child and you are likely devastated if they were harmed in an accident. However, they may be owed compensation for their damages and you as a parent or legal guardian have the right to take legal action for them. Though, depending on the severity of their damages and how much their claim is worth, the process could be complicated and require court involvement.

For help with a child injury claim in Florida, you are welcome to speak with an attorney at Fulgencio Law. You may schedule your free consultation by calling (813) 463-0123.