Legal Challenges When a Minor Is Injured in a Car Crash
When a child is hurt in a motor vehicle accident, the legal process can be significantly more complicated than in adult cases. In Florida, lawsuits involving minors require special procedures, oversight from the court, and in many cases, court approval of settlements. Parents or legal guardians play a central role in filing the claim, but they do so on behalf of the injured child. From understanding time limits to negotiating fair compensation, knowing how to navigate this process is key to protecting the child’s long-term well-being.
Filing a Florida Car Accident Claim on Behalf of a Minor
Who Has the Legal Right to File?
In Florida, minors (anyone under 18) cannot file lawsuits on their own. A parent or legal guardian must file the claim on the child’s behalf, either through an insurance claim or a personal injury lawsuit. The parent becomes the “next friend” or legal representative for the purpose of litigation.
Parental Claims vs. Child’s Claims
Two separate claims may arise:
- The child's claim: for pain and suffering, emotional trauma, permanent disfigurement, and future medical costs.
- The parent’s claim: for medical expenses they’ve paid out-of-pocket and loss of the child’s services or companionship, depending on the severity of the injury.
Florida’s Statute of Limitations for Child Injury Lawsuits
Extended Deadlines for Minors
Typically, personal injury lawsuits in Florida must be filed within two years of the accident. However, when the injured person is a child, the statute of limitations may be extended. Under Florida law, the clock generally doesn’t start running until the child turns 18. Still, there are exceptions. If a parent files a claim on the child’s behalf, the standard two-year deadline applies unless the case qualifies for tolling.
Tolling of the Statute
Tolling is a legal concept that pauses or extends the statute of limitations due to the plaintiff’s legal incapacity—such as being a minor. However, if the injury claim is tied to medical malpractice, or if the parent delays unreasonably in pursuing the claim, courts may enforce stricter deadlines.
Court Oversight of Child Injury Settlements in Florida
When Is Court Approval Required?
In Florida, if a child’s personal injury settlement exceeds $15,000, the court must approve it. This rule exists to ensure the child’s interests are protected and that the compensation will be properly managed. Even settlements below that threshold may require approval in certain scenarios—especially when structured settlements or trusts are involved.
Guardianship Requirements
If the gross settlement is over $50,000, a formal guardianship must be established to manage the funds. A guardian of the property is appointed by the court and is responsible for preserving the settlement until the child turns 18. This prevents misuse of the funds and adds a layer of accountability.
Structured Settlements for Minors
Courts often favor structured settlements, which provide periodic payments over time, rather than a lump sum. This helps ensure the child has access to resources for future medical care, therapy, or education. The court evaluates whether the structure is in the best interest of the child before approving it.
Types of Compensation a Child Can Receive After a Crash
Economic Damages
- Past and future medical expenses
- Costs for rehabilitation and therapy
- Special education or tutoring expenses if the injury affects learning
- Parental lost wages, if a parent must reduce work to care for the child (often part of the parent's separate claim)
Non-Economic Damages
- Pain and suffering
- Emotional trauma and anxiety
- Loss of enjoyment of life
- Disfigurement or permanent disability
Long-Term Impacts
When children suffer long-term or permanent injuries, calculating damages becomes more complex. Experts may be called in to project future needs, including lifetime care, medical equipment, or anticipated loss of earning capacity in adulthood.
Insurance Negotiations and Minor Settlements in Florida
Working with the Insurance Company
Insurance adjusters may attempt to settle quickly, often offering less than the case is worth. In child injury cases, any proposed settlement should be reviewed carefully with legal counsel. Accepting a low offer can significantly undercut a child’s future support.
Role of Mediation and Legal Advocacy
Mediation is commonly used to resolve these cases outside of trial. A skilled attorney can advocate for the child’s future by leveraging medical documentation, expert evaluations, and legal precedent. When necessary, filing suit ensures access to full compensation and judicial oversight.
Special Considerations in Florida Car Accidents Involving Children
Seatbelt and Car Seat Laws
Florida has specific child restraint laws that may influence liability. For example:
- Children under 5 years old must be in a car seat or booster seat
- Children under 18 must wear a seatbelt regardless of where they sit
Violation of these laws does not automatically prevent a child from recovering damages, but it can be raised as a contributory factor by the defense.
Comparative Fault in Child Injury Cases
Florida follows a modified comparative fault system. However, children are held to a different standard than adults. Very young children typically cannot be found negligent at all, while older children may be evaluated based on age-appropriate behavior. The court will assess whether the child’s actions contributed to the injury and reduce damages accordingly—but only when reasonable.
Preparing for Trial When Settlement Isn’t Reached
What to Expect
While most car accident lawsuits involving children are settled out of court, some do go to trial. In these cases:
- Medical experts may testify about the child’s prognosis
- Psychologists may evaluate emotional trauma
- Life care planners can outline future financial needs
The judge or jury will weigh the evidence and determine a compensation amount, always with the child’s best interests in mind.
Protecting the Child’s Future Through Proper Legal Action
Preserving Compensation
When a settlement or judgment is awarded, courts often require the funds be placed in:
- A restricted bank account
- A court-approved trust
- A structured annuity
This prevents premature access and ensures financial stability for the child. If guardianship is in place, annual accountings to the court are often required until the child turns 18.
Legal Representation Is Essential
Due to the complexity of these cases and the added legal protections for minors, working with an experienced personal injury attorney is not just helpful—it’s essential. A lawyer familiar with Florida’s rules on minor settlements can ensure deadlines are met, the child’s future needs are factored in, and legal obligations are satisfied.
Conclusion
Car accident claims involving children in Florida are far from routine. The legal framework prioritizes the child’s protection, both medically and financially, requiring additional steps like court approval, structured settlements, and potential guardianship. Navigating this process requires attention to detail, a firm grasp of Florida personal injury law, and a commitment to ensuring the child’s long-term needs are met. With the right legal strategy, families can secure the compensation necessary to support the child’s recovery and future.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Florida car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.