Did you know that one in 10 Florida children gets injured enough to need to go to the emergency room? It can be incredibly traumatic for families if their child sustains a serious injury. It’s even more difficult if their injury is the result of someone else’s negligence.
Families may consider pursuing legal action to seek justice after that kind of incident. Personal injury lawyers can help families pursue compensation for their child’s injuries. It’s important to understand the differences between a child injury lawyer versus an attorney who works on adult cases.
This blog will dive into the three major differences between how an attorney handles child accident lawsuits. We’ll discuss where to seek assistance if you’re dealing with this type of scenario.
1. Statute of Limitations: Extended and Special Rules For Minors
In general, the statute of limitations for filing a child injury claim in Florida is the same as it is for adults – two years. Under Florida law, claimants have two years from the date of the incident to file claims founded in one of the following:
- Wrongful death
- Medical malpractice
- Negligence
Keep in mind that this timeframe can extend up to seven years in certain circumstances. This applies in circumstances when the guardian or parent is:
- Absent
- Incapacitated
- Has a conflict of interest
Another way this rule can change is in the case of birth injury lawsuits because the evidence of negligence isn’t always apparent within the two-year timeframe. The statute of repose can get extended to up to eight years, but a claim can’t be filed after the child’s eighth birthday.
These types of scenarios fall under the “discovery rule.” In these instances, the statute of limitations doesn’t start until the individual knows or should have known they were injured. The purpose of this rule is to prevent unjust outcomes where a person discovers that they were a victim after the statute of limitations has expired.
That’s why it’s important to connect with an experienced child injury attorney immediately if you believe an injury occurred to your child. They’ll let you know if your claim falls within the statute of limitations and if there’s any validity to it.
2. Legal Standing: Who Can File the Lawsuit and Manage Compensation
Children under the age of 18 don’t have the legal standing to file a lawsuit or claim for personal injuries in Florida. However, they shouldn’t wait until they are of age to look into filing.
While children can’t file a lawsuit or retain legal counsel themselves, Florida law allows a child’s parents or guardians to explore filing a claim and pursuing a settlement on behalf of their child. The claim can’t be more than $15,000. This includes life insurance policies and personal injury claims, where they can do the following with the proceeds:
- Collect
- Receive
- Manage
- Dispose
There are many child injury compensation cases where the settlement may be more than $15,000. Parents and guardians can still pursue these claims with court approval. The funds will need to be held in a restricted bank account where reasonable and necessary withdrawals can be made if they’re for the child’s benefit.
While these regulations may be frustrating to some, they’re designed to protect the child and their best interest. Parents of an injured child should connect with a child injury lawyer for guidance through the process. It’s important to remember that parents may have claims for losses that they incurred because of their child’s injuries.
Some of these losses may include:
- Medical expenses for their child’s treatment
- Future medical costs for their life
- Lost earning capacity for the future
- Pain and suffering
3. The “Reasonable Person” Standard: Adjusted For Children
One of the key differences between adult and child injury cases in Florida is the “reasonable person” standard. Children aren’t held to the same standard as adults. Children, unlike adults, get assessed on what is reasonable for someone of their age:
- Intelligence
- Age
- Maturity
Florida law is written to acknowledge that children might not fully understand risks, especially in certain situations that include “attractive nuisances.”
For example, property owners need to secure dangerous features around their home, like trampolines or swimming pools. That’s because they can attract children who may not know the risks that are involved with those types of attractions.
Florida law does give immunity to property owners in a case where someone is trespassing on their property and gets hurt. On the flip side, if a child gets injured because someone fails to take reasonable actions to protect those enticed by these “attractive nuisances,” the adult can be held accountable.
Frequently Asked Questions
As you can see, working through a personal injury case where the child is the victim can be complicated. There are major differences between these cases and those with adults. Let’s talk about some of the most frequently asked questions we get on the topic.
Can a Minor Ever File a Lawsuit on Their Own?
While a person over the age of 18 can pursue legal compensation for an injury sustained while they were a minor (so long as it falls within the statute of limitations), a minor can’t file a lawsuit on their own behalf. Their legal guardian or parents will need to retain a lawyer on their behalf to pursue justice.
What Should Parents Do After a Child Is Injured?
Parents should contact an experienced child injury attorney if their child was hurt due to someone else’s negligence. It doesn’t hurt to get in touch with a lawyer even if you’re not sure if your claim meets Florida’s requirements. They’ll review your case and let you know if you have grounds for filing a lawsuit.
Request a Free Consultation With a Child Injury Lawyer in Florida
All personal injury cases aren’t created equal in Florida. From the statute of limitations to a child’s legal standing to the “reasonable person standard,” there are many nuances when it comes to child injury compensation cases. A child injury lawyer can help parents and guardians navigate these types of cases while protecting a child’s legal rights.
At RHINO Lawyers, we understand the impact child injuries have on your entire family. Our personal injury attorneys have experience working on negligence and medical malpractice cases. Contact our office to schedule a free consultation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
