Indiantown Personal Injury Lawyers
In Indiantown, unexpected accidents can disrupt your life in countless ways. If you or a loved one has suffered injuries due to negligence, Donaldson & Weston is here to help. Our personal injury lawyer has the knowledge and experience needed to pursue fair compensation for medical bills, lost wages, and pain and suffering. We understand how overwhelming the recovery process can be, and we are committed to standing by your side throughout your case. Call 866-349-2912 today to schedule your free consultation and let us fight for the justice you deserve.
Filing a Personal Injury Claim for a Child in Florida
When a child is injured, the situation is stressful for both the child and their family. Beyond the physical harm, families often face medical bills, time away from work, and emotional strain. In Florida, parents or legal guardians may pursue a personal injury claim on behalf of their child to recover compensation for damages. Understanding how these claims work is important because cases involving minors have additional considerations compared to adult claims.
Common Situations That Lead to Child Injuries
Children can be injured in many different ways. Some of the most common causes of injury include car accidents, pedestrian accidents, school-related incidents, unsafe playgrounds, defective products, swimming pool accidents, and slips and falls. Because children are still developing, even injuries that might be considered minor in adults can have long-term consequences. For this reason, the law recognizes the need to protect minors through specific rules in personal injury cases.
Who Can File a Claim on Behalf of a Child
A child under 18 cannot file a personal injury lawsuit on their own in Florida. Instead, a parent or legal guardian must pursue the claim. In some cases, if there is a settlement or recovery above a certain amount, a court may need to approve the resolution to ensure that the child’s best interests are protected. This oversight helps prevent misuse of the settlement funds and ensures the money is reserved for the child’s care.
Damages That May Be Recovered in a Child Injury Case
The damages available in these claims are similar to those in adult cases, but the unique needs of children are also considered. Compensation may cover:
- Medical expenses for immediate treatment, ongoing care, and future medical needs.
- Rehabilitation costs for physical therapy, counseling, or other long-term treatments.
- Pain and suffering related to both the injury and the disruption it causes in a child’s life.
- Loss of enjoyment of life if the injury prevents the child from participating in normal activities.
In cases where a parent loses income due to time off work to care for their injured child, those financial losses may also be included in the claim.
How Pre-Existing Conditions Can Affect a Child Injury Claim
If a child has a pre-existing condition, the injury may worsen their health or make recovery more complicated. Insurance companies often attempt to argue that the injury was not fully caused by the accident. However, under Florida law, if another party’s negligence aggravated the pre-existing condition, the responsible party can still be held liable for the additional harm caused.
The Role of Insurance Companies
Insurance companies often handle claims involving child injuries the same way they handle adult claims, but they may also be more cautious due to court involvement in settlements. Adjusters may attempt to limit the payout by minimizing the impact of the injury or disputing medical treatment. This is why having a lawyer can be especially valuable. An attorney can advocate for the child’s rights, negotiate with insurers, and ensure that the settlement truly reflects the long-term impact of the injury.
Time Limits for Filing a Claim
Florida law sets deadlines, known as statutes of limitations, for filing personal injury claims. While the general limit is two years from the date of injury, cases involving minors may have different timelines. In some instances, the clock does not start until the child turns 18. However, parents should not assume they can delay filing. Waiting too long can make it harder to gather evidence, locate witnesses, or secure the compensation needed for medical care. Acting quickly helps strengthen the case.
Court Approval of Settlements for Minors
In Florida, if a settlement exceeds $15,000, court approval is usually required. If the settlement exceeds $50,000, a guardian ad litem or formal guardianship may be appointed to oversee the funds. This process ensures that the compensation is used appropriately for the child’s benefit, such as medical costs, education, or long-term care needs. The court’s involvement adds a layer of protection for the child but also means the process may take longer than in adult cases.
Why Legal Representation Matters
Navigating a child injury claim can be complex, especially when courts and insurance companies are involved. An experienced personal injury lawyer can help by:
- Investigating the circumstances of the injury.
- Gathering evidence such as medical records, witness statements, or accident reports.
- Handling negotiations with insurers.
- Ensuring compliance with Florida’s rules regarding minor settlements.
- Fighting for fair compensation that accounts for the child’s future needs.
Having legal support allows parents to focus on their child’s recovery while knowing the claim is being properly handled.
Supporting a Child After an Injury
Beyond the legal process, it is important to focus on a child’s physical and emotional recovery. Keeping up with medical appointments, following treatment plans, and providing emotional reassurance can help a child heal more fully. When parents take legal action, it is not only about securing financial compensation but also about making sure the child has the resources needed for the best possible future.
When a child is injured due to someone else’s negligence, parents face the difficult task of caring for their child while also dealing with the financial and legal aftermath. Filing a personal injury claim in Florida gives families a way to seek justice and secure the support their child needs. Because these claims involve additional rules and oversight, having a lawyer can make a significant difference in protecting the child’s rights and ensuring a fair outcome.
Personal Injury Attorney Serving Indiantown
At Donaldson & Weston, we believe every accident victim in Indiantown deserves quality representation and fair treatment. Our personal injury attorney is ready to fight for compensation to cover your medical expenses, lost wages, and pain and suffering. We take pride in giving each client personalized attention and a strong legal strategy designed for results. Do not face insurance companies or negligent parties alone. Contact us at 866-349-2912 today to schedule your free consultation and let our experienced legal team help you move toward recovery with confidence.
