Protecting Injured Children in Florida
Protecting Injured Children in Florida: Why Hiring a Lawyer Is Essential
Every year, countless children are injured in Florida due to accidents caused by someone else’s negligence. These injuries can have a significant impact on a child’s life, causing physical, emotional, and financial harm. Fortunately, Florida law allows parents and guardians to seek financial compensation for their child’s injuries through a personal injury lawsuit. In this blog post, we’ll discuss Florida injury laws and how Distasio Law Firm’s lawyers can help families protect their children’s rights and get the compensation they deserve.
Florida Injury Laws
Under Florida law, injured children have the right to seek financial compensation for their injuries if someone else’s negligence caused the accident. Negligence can include actions such as failing to maintain a safe environment, not following safety regulations, or driving recklessly. In order to file a personal injury lawsuit on behalf of a child, a parent or legal guardian must prove the following:
- The defendant had a duty to exercise reasonable care
- The defendant breached that duty by acting negligently
- The breach of duty caused the child’s injuries
- The injuries resulted in damages, such as medical bills, pain and suffering, or lost wages
The first step requires investigating what caused the injury, gathering evidence to prove the negligent party caused the injury, assembling and organizing the evidence, and presenting that evidence in a persuasive manner. Important evidence includes:
- Photographs of the accident scene
- Videos of the accident itself
- Accident reports and law enforcement investigations
- Statements from witnesses
- Medical records
- Expert opinions
- Photos of injuries
- Medical bills
Who can bring an Injury Claim on behalf of a Child in Florida
The law in Florida does not allow a child under 18 to bring an injury claim after sustaining injuries because they are considered minors that are not capable of making such decisions. Instead, the child’s parents acting as the minors natural guardian has that right. There are times when a child does not have a parent or the parents are not competent to make decisions on behalf of their children. If this occurs, the law does allow a court to appoint an independent guardian ad litem to do so.
Filing a Lawsuit for Injuries for Children in Florida
Filing a personal injury lawsuit on behalf of a child can be a complicated process, which is why it’s important to hire an experienced personal injury lawyer. The lawyer will help guide you through the legal process, gather evidence, and negotiate with insurance companies. In addition, a lawyer can help determine the appropriate amount of compensation to seek based on the extent of the child’s injuries and the impact they have had on their life.
Common Types of Injuries that Happen to Children
Children can be injured in many types of situations including dog bites, medical malpractice, car accidents, and playground injuries. The injuries that can occur to children in these events can be devastating and can affect a child for the rest of their lives.
Frequent childhood injuries Include:
- Fractures and broken bones
- Spinal cord injuries
- Neck and back injuries
- Traumatic brain injuries
- Devastating burns
- Internal organ damage
- Severe scarring and or disfigurement
Damages that can be Recovered on Behalf of a Child in a Personal Injury Claim
Damages is the legal term of for what can be recovered in an injury claim. Child injury claims often hafe unique damages. They include the economic losses the child has suffered, physical losses the child has suffered, and the emotional losses the child has suffered. Damages for children may include:
- Loss of the ability to earn money in the future
- Past and future medical expenses
- Lifetime caregivers
- Rehabilitation, physical therapy, and speech therapy expenses
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
Valuing all these damages depends on many things. Often expert witnesses are used to render opinions on the value of them. Our legal team has the experience to present these damages in the best way possible.
Settling a Child Personal Injury Case
In Florida there are special rules regarding settling a child’s personal injury claim. The law requires the proceeds from a child injury settlement are spent on the child and in the child’s best interests. Cases that have a small value may be settled without court approval. However, larger settlements require court approval. The court in these cases will insure the child’s interest are protected by either requiring the proceeds to be invested until the child is no longer a minor, require a special guardian be appointed to safeguard the money, and or require court approval each time portions of the money is spent.
Distasio Law Firm’s Attorneys
At Distasio Law Firm, we understand how devastating an injury can be for a child and their family. Our attorneys have years of experience representing families in personal injury cases, and we’re committed to getting our clients the compensation they deserve. We’ll handle all aspects of the legal process so that you can focus on your child’s recovery.
Our team includes lawyers, investigators, and medical experts who work together to build a strong case for our clients. We have a deep understanding of Florida injury laws and can help you navigate the legal system with confidence. We also have a proven track record of success, with millions of dollars recovered for our clients.
If your child has been injured in an accident in Florida, it’s important to take action as soon as possible. Hiring a personal injury lawyer can help protect your child’s rights and ensure they receive the compensation they need to recover from their injuries. At Distasio Law Firm, we’re dedicated to helping injured children and their families get justice. Contact us today to schedule a free consultation.