Knowing your legal rights is crucial when your child sustains injuries because of another person’s negligence. While minors cannot file a personal injury lawsuit, parents and guardians may have the legal right to take action on their behalf.
Filing a claim for compensation with the help of a seasoned personal injury attorney could allow you to hold the negligent party accountable and get your child the quality medical care they require. Call a compassionate and hard-working Tavares child injury lawyer to learn more.
Common Childhood Accidents
Children can sustain injuries in accidents almost anywhere, but some of the most common reasons they occur include the following:
- Auto crashes involving a reckless driver.
- Accidental impacts from flying objects.
- Severe burns from hot liquids or fires.
- Suffocation from defective products.
- Fall injuries from accidents on playgrounds, windows, or stairs.
- Drowning and other swimming pool injuries, including brain damage from lack of oxygen.
A proactive Tavares child injury attorney could investigate the cause of a specific accident and determine who is at fault and, thus, liable for damages.
Potential Award for Damages in Child Injury Cases
Every child injury case has its own set of circumstances, and the court awards no standard amount of damages. Instead, the civil court will consider the reason for the accident and how the injuries will affect the child’s future.
They may award compensation to cover monetary and non-monetary losses. Monetary damages could reimburse a family for medical care, including surgeries, hospital stays, rehabilitation, and the future cost of healthcare. Non-monetary damages provide financial recovery for more subjective losses such as emotional anguish, psychological damage, and pain and suffering.
Florida Guardianship Regulations
The court grants parents and guardians the right to manage the settlement funds for their minor children with certain restrictions. According to Florida Statutes § 768.23, the regulations protect the best interest of minors after the court awards compensation for damages.
Further, parents or guardians must seek court approval to manage the funds if the settlement exceeds the total amount state legislation allows without oversite. Depending on the case’s circumstance, the court may require a formal guardian to manage funds in a bank account or annuity.
The Statute of Limitations for Child Injury Cases
The statute of limitations to file negligence claims in Florida is two years. However, when the plaintiff is a minor, the time limit does not begin running for up to seven years.
However, when the child sustains injuries during a medical procedure, the statute of repose in Florida requires the claimant to commence legal action within four years of the cause of action. An experienced child injury lawyer in Tavares could answer questions about the legal timeframe for a particular case and advise parents and guardians on their options to recover damages.
Meet With a Tavares Child Injury Attorney
Watching your child suffer from injuries is heartbreaking, and when they occur because of a person’s careless actions, parents often feel angry and overwhelmed.
An award for damages could allow you to provide your child with the quality medical care they need to recover from the traumatic event. Schedule a consultation with a Tavares child injury lawyer if you need help with a case.
