If your kids are in the car when the worst happens, they can be vulnerable to getting hurt too. Even worse is if the accident that causes their injuries is due to a negligent driver.
As a parent, you can do a lot to take child safety measures and keep risk under control. Unfortunately, however, you cannot prevent an accident from ever happening.
If your kids were hurt in an accident, you may be completely overwhelmed and unsure of what to do. Contact a personal injury attorney immediately for guidance on how you can take legal action to protect your loved ones.
Crashes can be terrifying–but we are willing to talk with you about it. We offer FREE legal advice in our consultations and can discuss your family’s legal options moving forward.
Schedule your complimentary consultation today by calling 813.755.9500 or send a form online to get started. Your family’s rights and future may depend on it.
Can A Child Victim Sue For Personal Injury?
In the State of Florida, minors (people under the age of 18) cannot file a personal injury claim on their own. However, it is still possible for someone under 18 to be injured in an accident. Do minors have a chance to file a lawsuit and get compensated if they get hurt by an at-fault driver?
The answer is yes, if the injured minor’s legal guardian, such as their parent, files a personal injury claim on their behalf. It is important to note that aside from pain and suffering, the accident-related losses that affect a minor may be different than those of an adult.
Calculating damages to determine the financial value of a personal injury lawsuit could need tailoring when it’s a minor who is the victim. A lawsuit involving a child may not involve some of the typical economic losses or expenses which could be considered otherwise, such as current lost job wages or costs for car repairs.
On the other hand, the pain and suffering of the injured minor victim is certainly a factor to be considered in any personal injury lawsuit. In addition, their future earning capacity may be a variable as well as their medical expenses and future quality of life.
It is important to remember that although a parent or guardian may be the party who is filing the lawsuit, it is the losses and suffering of the child which is considered for evidence in the case. This makes sense when you consider that if a personal injury claim filed on behalf of a minor is successful, the settlement or trial earnings are consequently considered as a recovery dedicated to that minor until they have access when they are of age.
Settlement And Trial Award Protections For Minors
Florida laws can provide some coverage for personal injury compensation which is awarded to minor accident victims. To prevent any misuse of legal funds that should be for the best interest of the child, Florida courts may have some discretion when it comes to reviewing cases.
Do Courts Need To Approve A Settlement For A Minor?
Yes, the courts need to approve any settlement over $15,000 and the money needs to be locked up until the child is 18 years old (or whatever age the parents decided after age 18) or can be used for medical bill only. For instance, a court may possibly reject the terms of personal injury settlements or require that a legal guardianship be created, depending on the circumstances. Since many cases are different, with different facts, you may want to consult with a personal injury attorney for more detailed information.
For a more personal legal review of a case, contact us to schedule your private and 100% free consultation. Call our office in Tampa at 813.755.9500 or send a form online anytime.
Finding A Lawyer To Protect Your Family
Traffic accidents happen every day, and sometimes children are involved. That’s why it’s important to know what to do after an accident if your kids were hurt.
We understand the challenges that entire families can face when a victim has been injured, no matter their age. You may find that hiring a personal injury attorney with experience can give you the peace of mind to focus more on what matters while you are in recovery.
The legal team at Fernandez & Hernandez has helped many victims get the compensation they deserve. Call today for a free, no-commitment consultation to discuss what your claim could be worth. Hablamos español. Call 813.755.9500 or submit your personalized form online.
