If you’ve been injured due to negligence, you could be entitled to financial compensation. If your child has been injured due to negligence, you can seek financial reparations on their behalf.
There are many common personal injury cases for children in Florida, but there is a filing process that must be followed to the letter before your case can be brought before the court.
So, what are some of the most common personal injury cases for children? How does one go about filing a child personal injury case in Florida? And what kind of settlement can such a case bring?
Children are naturally playful and curious. While that is a trait to be admired, it can also lead to injury and potentially death. Children view the world with wide-eyed optimism, and oftentimes don’t share the same fear that would deter a teenager or adult.
The most common types of personal injury cases involving children include:
While these are just some of the most common causes that we see, cases of child injury can take many forms. These cases are often complex, due to the nature of Florida law.
Florida law states that someone must be over the age of 18 in order to file a lawsuit. That means children cannot file on their own, but their parents or guardians can file a personal injury lawsuit on their behalf.
Typically, in Florida, the statute of limitations on a personal injury lawsuit is four years from the day of the incident. When a child is the injured party, the law changes a bit. The time limit can be delayed in the event that the child does not have a parent of guardian to file on their behalf, if the parent or guardian’s interests are in opposition to the child’s, or if the parent or guardian is somehow incapacitated.
Claims of medical malpractice are also treated differently. Failure to meet the deadline forfeits a parent’s right to seek justice for their child.
Damages in a Florida child injury lawsuit are the same as those which can be received for an adult personal injury case. Medical expenses, pain and suffering, and lost earning potential are all reasonable damages to seek.
Settlements that are less than $15,000 can be agreed upon without court approval. Anything beyond $15,000 must be approved in the court after a petition has been filed. That petition must include any liability issues, the facts of the case, and other relevant details.
If your child has been injured due to the negligence of another person, they are owed justice. The experienced Florida personal injury attorneys at Fetterman & Associates, The Law Team are on hand and ready to fight for your rights. For more information, or to book a free case evaluation, call 561-693-3872.
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