What to Consider When Filing a Personal Injury Claim for your Child

What to Consider When Filing a Personal Injury Claim for your Child: Accidents resulting in injury are devastating enough, but even more so if your child is the one who gets hurt.

When that injury is caused by someone else’s negligence, you deserve acknowledgment and restitution.

If you are looking to file a lawsuit on behalf of a minor child who was severely injured in an accident, it is important to know what rights you have.

Who Can Sue

In a personal injury matter involving minors, only a parent or authorized legal guardian can file a lawsuit for the child.

When to File

In the state of Florida, the statute of limitations for negligence claims is four years from the date of the accident.

The three exceptions to this rule include:

  • When the child doesn’t have a parent or guardian.
  • When the parent or guardian’s interests are adverse to the child. (For example, if the parent is responsible for the injury)
  • When the parent or guardian is incapacitated or unable to sue on child’s behalf for some reason.

What Are the Damages

When filing a lawsuit for a child, the damages are the same that you would receive in any personal injury case, such as medical expenses, pain and suffering, and lost earning potential.

It is important to note that if you are offered a settlement and the amount of the offer exceeds $15,000,00 court approval is required. You must file a petition that details the facts of the case and all pertinent liability issues for a judge to approve the settlement and the distribution of the proceeds.