Average Car Accident Settlement for a Child in Florida: What Parents Need to Know
There are specific requirements for a child's car accident settlement in Florida. If you know you need the guidance of a car accident attorney, contact MattLaw Car Accident & Personal Injury Lawyers today for a free consultation.
Who can file a claim for a child in Florida?
Children are minors and cannot file lawsuits. A parent, legal guardian, next friend, or guardian ad litem must bring the lawsuit on the child’s behalf. Parents must obtain court approval for some personal injury settlements involving minors.
Natural guardians may generally settle claims involving $15,000 or less without appointment, authority, or bond. If a lawsuit has already been filed, court approval is required before the settlement is effective. In Florida, legal guardianship is required when the net settlement to the child exceeds $15,000. The court decides whether the settlement is in the child’s best interest before approving it.
A guardian ad litem may also be appointed when the gross settlement exceeds $15,000 if the court believes one is needed to protect the child’s interests. A guardian ad litem is generally required when the gross settlement equals or exceeds $50,000, unless an appropriate guardian with no adverse interest has already been appointed.
What factors impact a child’s settlement value?
The following factors are considered when determining a settlement value for a car accident involving a child:
- The severity of the child’s injuries
- The medical expenses related to the injuries
- The child’s age
- If there is a long-term impact on the child’s development
- If comparative negligence is appropriate
- Whether the claim was filed within the statute of limitations (two years).
A car accident attorney helps clients calculate possible damages. They also negotiate with insurance companies on their behalf.
Are children treated differently in Florida?
Minor car accident claims are treated a bit differently in Florida. Courts are careful about how settlements are handled. Parents must obtain approval for some settlements. In some cases involving a significant injury resulting in the child’s permanent total disability, parents may be able to file for loss of filial consortium damages.
It’s complicated to determine how your specific case will be handled in Florida. It’s also complicated to determine the options available based on your circumstances. If you have questions about your situation, please speak to an attorney as soon as possible. A personal injury attorney can advise you of your legal options and possible next steps.
What types of damages are available for children in car accidents?
Compensation for car accidents with children varies based on the specific details of the case. In general, the following types of damages may be available:
- Current and future medical costs
- Disability and impairment damages
- Pain and suffering, mental anguish, and inconvenience, if Florida’s auto injury threshold is met
- Lost wages for parents to care for the child or attend appointments
- Educational or developmental support needs
An experienced attorney helps parents understand the possible damages. Lawyers also work with them to build a strong claim.
Who receives the settlement funds for a child in a car accident claim?
When court approval or guardianship is required, courts determine how settlement money will be distributed in a car accident claim for a minor. They may appoint parents to manage the money. The courts may also include limitations on how the money can be spent if parents oversee it. Sometimes courts will allow structured settlements that release money in a structured and prearranged manner as the child grows.
Sometimes parents are confused or have questions about car accident claims. When this happens, they are encouraged to speak to an attorney. An attorney can help them understand the legal options available.
What should parents do after a child is injured in a car accident in Florida?
Many parents panic after their child is in a car accident. This is understandable because it’s a scary situation. There are some steps they should take, however. They are:
Seek medical care
The first step after a car accident is to get evaluated by a medical professional. Medical records are a strong piece of evidence in car accident claims. Injured children should be evaluated as soon as possible by medical professionals. It’s important to complete all diagnostic testing and attend follow-up appointments.
If parents don’t seek or maintain medical care, it may lead to a disputed claim. It’s recommended that parents obtain copies of medical bills and records to keep for themselves.
Don’t settle quickly
A common insurance tactic is to offer a fast settlement. Many parents are struggling financially and may be tempted to take the settlement for relief. This is often a mistake. Fast settlements are usually much lower amounts than the injured party deserves.
These settlements don’t typically cover long-term expenses, either. Some injuries require treatment for months to years after an accident. A dedicated car accident attorney helps clients avoid quick settlements. They also negotiate with insurance companies on their clients’ behalf.
Document everything
It’s also recommended that parents document everything. This not only includes medical records, but also:
- Photographs of injuries and their progression
- Communications with insurance companies or other legal representatives
- Photographs of the accident
- Witness statements and contact information
- Videos from dash cams or nearby surveillance cameras
An attorney also helps their clients to gather the required evidence. They understand how to build a strong case. They support their clients in doing so.
Consult a personal injury attorney
Finally, if parents don’t have legal representation, it’s encouraged that they consult an attorney. Not only can an attorney help them understand their legal options, but they also guide them through the process. Attorneys build strong cases, represent their clients, and fight for their clients’ rights.
Contact MattLaw Car Accident & Personal Injury Lawyers for a free consultation today
Navigating a minor car accident settlement in Florida can be daunting. Florida has laws in place that limit who can file lawsuits on behalf of children and outline a clear process for doing so. Many people struggle to meet legal timelines while meeting the other requirements.
This is where a car accident lawyer is helpful for clients. When hired, an attorney offers legal guidance to their clients. Personal injury attorneys also advocate for their clients and manage the entire case. The team at MattLaw Car Accident & Personal Injury Lawyers provides free consultations. This allows us to hear the unique details of your situation and offer legal options. Contact us today to request your free consultation.
About Author
Matt Powell is a Board Certified Civil Trial Lawyer by the Florida Bar who represents injured victims and their families. He is an experienced personal injury trial attorney who has been practicing since 1989 in Tampa, Florida. Simply call our offices or fill out our contact form to schedule a free consultation today.