How Child Injury Lawsuits in Florida Differ From Adult Cases
Very few events can match the trauma that parents go through when their child is injured due to the negligence of another party. When parents/ guardians are going through the process of seeking justice and compensation for harm caused to their child, they may encounter a few exceptions specific to minors. While Florida’s many underlying legal principles and deadlines are the same, when a lawsuit involves a minor as the victim, there are a few special considerations.
Here are three ways child injury lawsuits differ from adult personal injury lawsuits in Florida.
- A Child Cannot File a Personal Injury Lawsuit
In Florida, children under 18 years cannot file a personal injury lawsuit. However, per Florida Statute 744.301, a child’s parents can pursue a personal injury claim on behalf of the child as long as it doesn’t exceed $15,000. If the claim exceeds $15,000, the parents may need court approval, and the funds may be held in a controlled bank account where only reasonable and necessary withdrawals can be made to ensure the child benefits from the compensation. The compensation may also be used to purchase an annuity that pays when the child reaches adulthood. Parents may also have a separate claim for medical expenses or other losses due to the child’s injury.
- Statute of Limitations for Child Injuries
In Florida, individuals generally have two years from the accident date to file a personal injury lawsuit. However, when it comes to minors, there are special considerations. Florida Statute 95.05 (i) allows up to 7 years to file a child injury lawsuit from the date of the accident or wrongdoing, so long as specific conditions are met. This may include situations where the child’s parents don’t exist, the child’s guardian or parent has an interest that is adverse to that of the child, and where they have been deemed incapacitated. For childbirth injury lawsuits where the effects of negligence may not be immediately noticeable, the statute may extend up to eight years but not later than the minor’s eighth birthday.
- “Reasonable Person” Standard for Children
The “reasonable person” standard in Florida child injury lawsuits differs from adult injury cases. Unlike adults, children are assessed based on what is reasonable for someone of their age, maturity, and intelligence. Florida law recognizes that children may not fully understand risks, especially in situations involving “attractive nuisances.” For instance, property owners must secure potentially dangerous features like swimming pools or trampolines because these can attract curious children who may not have the ability to understand the risks involved. Florida Statute 768.075 gives property owners immunity when trespassers are hurt. However, if children are injured because the property owner failed to take reasonable actions to protect children enticed by “attractive nuisances,” they can be held accountable.
Contact an Orlando Personal Injury Lawyer
If your child has been injured due to someone else’s negligence, contact our dedicated Orlando personal injury lawyer at The Pendas Law Firm to discuss your child’s case and secure the justice and compensation they deserve.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Fort Myers, Miami, Daytona Beach, West Palm Beach, Bradenton, Jacksonville, Fort Lauderdale, Naples, and Melbourne areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/Sections/0744.301.html
