Many car accidents in Florida result in injuries to child passengers in vehicles. But how does Florida law handle a child’s injury claims after they get hurt in a car accident?
Unique Considerations for Child Injury Claims
When a child suffers injuries in an auto accident, Florida law involves unique considerations for families as they seek financial compensation for their child’s harm and loss. First, minors cannot file a lawsuit by themselves. Instead, if a minor wishes to seek compensation for injuries sustained in a car crash, a parent, legal guardian, or court-appointed guardian must file a lawsuit. In cases where a child has suffered severe injuries and stands to recover substantial compensation, a court may appoint a guardian ad litem to ensure that the child has a non-family member to advocate for their best interests.
Furthermore, children may have a different statute of limitations for their car accident claims. Although Florida normally requires car accident victims to file a lawsuit within two years of a crash, the statute of limitations for a child typically does not begin until they turn 18. However, a minor must file a lawsuit no later than seven years after the car accident.
Liability and Fault in Florida Accidents Involving Children
Liability for a Florida car accident may have special considerations when an accident involves a child. For example, if a 15, 16, or 17-year-old gets hurt in a car accident while driving a vehicle, Florida’s modified comparative negligence rule can affect their right to seek compensation for their injuries. Specifically, a teen who bears partial responsibility for a car accident may not file an injury claim if they bear more than 50 percent of the fault for the accident.
Children who get hurt in car accidents in Florida also must follow the state’s no-fault system for car accidents. Florida requires all drivers licensed in the state to carry personal injury protection coverage. PIP compensates for medical expenses to an insured or covered person, regardless of fault for the accident. A child who suffers injuries in a car accident must first seek coverage for their medical expenses from the PIP coverage in the insurance policy of their driver’s vehicle. A child may obtain the right to sue an at-fault driver under Florida’s no-fault system if they suffered qualifying injuries. After exhausting their PIP coverage, they may also file suit to recover additional medical costs.
Compensation Available in Child Injury Cases
A child who gets hurt in a car accident might have the right to pursue an injury claim to recover compensation for losses such as:
- Costs of medical treatment and rehabilitation
- Costs of long-term disability care or special education services
- Lost wages for teenagers who miss time from work
- Physical pain and anguish
- Emotional trauma or distress
Special Procedures for Settlements in Child Injury Cases
In many child injury cases in Florida, the court must approve any settlement of the child’s case, especially when the settlement involves more than $10,000 or $15,000. The law requires courts to approve settlements to protect a child’s financial interests and ensure that the parent or guardian controlling their case has secured a fair settlement for the child.
Contact a Personal Injury Attorney Today
After your son or daughter has suffered injuries in a car accident in Florida, your family needs experienced, dedicated legal counsel to help you seek financial recovery and accountability for your child’s harm and loss. Contact Hutch Firm today for a free, no-obligation consultation with a personal injury attorney to discuss your family’s options for pursuing a car accident case.