How are Child Injury Claims Different from Cases Involving Adults?

There is nothing as worrisome as your child becoming injured. When they are hurt due to another person’s negligence, the situation is even more stressful and frustrating. As a parent, it is difficult to navigate the aftermath of your child’s accident, determine who is accountable, and hold them responsible for paying the compensation you need for your child’s medical expenses and other losses.

Filing a personal injury claim based on another person’s negligence always presents certain challenges. When an accident victim is a minor child, they can become even more complex because these claims differ slightly from cases involving adults. Below, our Tampa personal injury attorney explains two of the main differences.

The Statute of Limitations

In most personal injury cases, the statute of limitations, or time limit, on a claim is two years from the date of the accident. The discovery rule often applies, which allows accident victims two years from the date of discovering the injury to file a claim. However, there are instances that can toll, or delay, the statute of limitations in child injury cases. These instances include when:

• The minor child does not have a parent, guardian, or guardian ad litem
• The child’s parent, guardian, or guardian ad litem has interests that are adverse to the minor
• The parent, guardian, or guardian ad litem has been deemed incapacitated by the court and cannot take legal action

When the above instances apply, the statute of limitations in a child’s injury case can be extended to seven years from the date of the accident.

Court Involvement

The vast majority of all personal injury cases are resolved through a settlement negotiated between the injured party and the insurance company representing the negligent party. Generally speaking, the courts do not have to approve these settlements. This is not true in many child injury cases.

Parents in Florida can file a personal injury claim on their child’s behalf, as minors are not considered to have the legal capacity necessary to take legal action. If the settlement received does not exceed $15,000, the parents can settle the case without court approval. They can also use the funds in the child’s best interest, such as to pay for their medical bills. When a settlement exceeds $15,000, though, the court may appoint a guardian ad litem and the funds may be placed in a restricted bank account or annuity. Parents can still often make court-approved withdrawals from these accounts for necessary and reasonable child-related expenses.

Our Personal Injury Attorney in Tampa Can Help Your Family 

If your child has been injured and someone else’s negligence is to blame, it is critical that you obtain legal advice. At Moore Law, our Tampa personal injury attorney can accurately value your claim after accounting for all of your child’s losses, ensure your claim is filed on time, and help you and your family obtain the full and fair settlement you are entitled to. Call us today at 813-510-5400 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html