How Does a Child Bring a Personal Injury Case?

If your child has been injured by another party’s wrongdoing, such as by a negligent driver in a pedestrian accident, it is as devastating emotionally as it is physically and financially. As a parent, your focus is on keeping your children safe, and you may have serious concerns about obtaining the compensation that your injured child is entitled to and needs to recover as fully as possible. In Florida, a child who hasn’t reached the age of 18 doesn’t have the legal standing to file a personal injury case, but as their parent, you can do so on their behalf – and working with an experienced West Palm Beach personal injury attorney is always advised.

Seeking Fair Compensation

In the personal injury claim you file on your child’s behalf, you can seek compensation for their losses in the following primary categories:

• Their medical expenses, which should also address any related future healthcare needs
• Any potential decrease in earning power in their future
• Their physical and emotional pain and suffering, which can easily outpace their other losses combined

Accurately assessing your child’s full range of covered losses will play a key role in your ability to support them throughout the recovery process.

How the Settlement or Court Award Is Used

When the amount of damages a child incurs doesn’t reach the $15,000 mark, the court isn’t required to appoint a legal guardian – unless the child’s parents are deemed unfit to manage the money on their behalf. If the compensation is more than $15,000, however, the court is called upon to appoint a legal guardian to manage the money, and this generally means a parent.

From here, the settlement or court award is placed in a restricted bank account that the appointed guardian must employ a court order to access. In turn, the court will proceed to release funds based on the child’s best interests.

The Statute of Limitations

The State of Florida – and every other state – employs a statute of limitations for personal injury claims, and this refers to the amount of time you have to file a lawsuit against the negligent party in a personal injury claim. Generally, this is two years from the dates of injury-causing accidents that occurred on or after March 24, 2023, and four years from the dates for those occurring prior. There is, however, an exception for cases involving children.

As the parent of a child injured by someone else’s negligence, you can file a claim on their behalf at any time before they reach the age of 18 or within 7 years of the injury-causing accident – whichever comes later. Finally, if your child turns 18 before the statute of limitations expires on their case, they – as an adult – can file their own lawsuit.

Reach Out to an Experienced West Palm Beach Personal Injury Lawyer Today

Maaz Quraishi is a compassionate West Palm Beach personal injury attorney at Right To Justice Injury Attorneys who is committed to fiercely advocating for an optimal case outcome that supports your child’s brightest future. Learn more by contacting us online or giving us a call at (561) 242-4800 today.