Special Considerations with Children Injuries and Personal Injury Claims

Children are inherently vulnerable, and their injuries often require special consideration in personal injury claims. When a child is injured, the legal process to seek compensation involves unique challenges and complexities compared to adult injury cases.

In Florida, individuals under the age of 18 cannot independently file a claim or lawsuit for injuries they have sustained. Instead, as outlined in Florida Statute §744.301, the child’s natural guardians, typically the parents, are authorized to initiate legal action on their behalf to seek compensation for the injuries.

Legal Standards for Children

In personal injury law, children are treated differently from adults due to their age, development, and legal status. One of the primary differences is the standard of care expected from both the injured child and the defendants. Legally, children are not held to the same standard of behavior as adults. For example, a child’s capacity to understand and avoid danger is considered differently than an adult’s in determining negligence and liability.

In cases involving children, the courts often apply a “reasonable child” standard, which considers what a typical child of the same age, experience, and intelligence would have done in similar circumstances. This standard helps in assessing whether the child’s actions contributed to their injuries and to what extent the defendant may be liable.

Role of Guardians and Legal Representatives

Since children cannot represent themselves in legal proceedings, their claims must be managed by a parent or legal guardian. This guardian acts on behalf of the child throughout the personal injury claim process, making crucial decisions about the case, including settlement agreements and legal strategies.

A guardian’s involvement is essential not only in navigating the legal system but also in ensuring that the child’s best interests are always at the forefront. This role includes securing appropriate medical care, managing any awarded compensation, and planning for the child’s future needs resulting from the injury.

Florida Statute of Limitations for Minors

In Florida, the statute of limitations for personal injury cases is generally two years from the date of the injury. However, special provisions exist for minors. According to Florida Statutes § 95.11 and § 95.051(i), the statute of limitations for a minor’s personal injury claim can be tolled (paused) for up to seven years or until the minor turns 18, whichever comes first. This means that a child potentially has until their 20th birthday to file a personal injury lawsuit.

For medical malpractice cases, the statute of limitations is typically two years from the date the incident is discovered, or reasonably should have been discovered, but no later than four years from the date of the incident. When a minor is involved, this period is extended until the minor’s eighth birthday.

 Settlement Procedures for Children’s Claims

Settling a personal injury claim for a child involves additional safeguards to protect the child’s interests. In many jurisdictions, including Florida, any settlement involving a minor must receive court approval. This requirement ensures that the settlement is fair and in the best interest of the child, preventing any potential exploitation or mismanagement of funds.

During the approval process, the court will review the terms of the settlement, the extent of the injuries, the future care needs of the child, and how the settlement funds will be managed. Often, the settlement amount is placed into a structured settlement or trust to provide for the child’s needs over time rather than granting a lump sum that could be misused or depleted quickly.

Long-Term Impact of Injuries

Injuries to children can have long-lasting effects, making it crucial to consider the long-term impact when pursuing a personal injury claim. Children are still growing and developing, and an injury can affect their physical, cognitive, and emotional development. These impacts may not be immediately apparent and can evolve over time, requiring ongoing medical care, therapy, and special education services.

When calculating compensation for a child’s injury, it is important to factor in future medical expenses, potential loss of earning capacity, and the cost of ongoing care and support. An experienced personal injury attorney can help ensure that these long-term needs are adequately addressed in the settlement to secure the child’s future well-being.

Emotional and Psychological Considerations

The emotional and psychological effects of injuries on children are often profound and can affect their overall development and quality of life. Children may experience trauma, anxiety, depression, and other mental health issues as a result of their injuries and the associated medical treatments.

Addressing these emotional and psychological needs is a critical part of managing a personal injury claim involving a child. Compensation should include funds for psychological counseling and therapy to help the child cope with their experiences and support their emotional recovery.

Importance of Specialized Legal Representation

Given the complexities and unique considerations involved in children’s personal injury claims, it is essential to have specialized legal representation. An attorney with experience in handling child injury cases will understand the specific legal standards, the importance of safeguarding the child’s future, and the intricacies of the settlement process.

Specialized legal representation ensures that the child’s rights are protected and that the compensation secured is adequate to cover both immediate and long-term needs. A knowledgeable attorney can also navigate the court approval process for settlements, ensuring that all legal requirements are met and that the settlement is in the best interest of the child.

Contact Lance P. Richard, PA

Personal injury claims involving children require careful consideration of legal standards, settlement procedures, and the long-term impact of injuries. Protecting the rights and future well-being of an injured child requires specialized legal expertise and a thorough understanding of the unique challenges these cases present.

If your child has been injured and you are considering pursuing a personal injury claim, contact Lance P. Richard, P.A. Our experienced legal team is dedicated to protecting the rights and future of injured children. We will guide you through the complexities of the legal process, ensuring that your child receives the compensation and support they deserve. Reach out to us today to schedule a consultation and explore your options.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0744/Sections/0744.387.html

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

flsenate.gov/Laws/Statutes/2023/95.051