Yes, in most cases, a minor’s parent or guardian can file a personal injury lawsuit on their behalf. In this article, we’ll explain when this situation is the right choice and how aFort Lauderdale car accident lawyer can help.
Can You Bring a Lawsuit for a Minor Injured Involved in a Car Accident?
Yes, a lawsuit against a negligent party can be brought on behalf of a minor. Typically, the lawsuit must be brought by the minor’sparent or guardian. An exception is that if a minor has been emancipated, they may be able to file the lawsuit themselves.
However, there are some important factors to consider.
What Is the Role of Negligence in a Lawsuit for a Minor Child-Involved Car Accident?
To successfully bring a lawsuit, you must be able to prove that the other party’s negligence caused the minor’s injuries. YourFort Lauderdale personal injury lawyer can help you do so by conducting a thorough investigation. They may:
- Interview eyewitnesses
- Consult with experts in accident reconstruction
- Obtain surveillance footage, such as from security cameras, traffic cameras, and dashcams
- Analyze physical evidence, such as skid marks and debris patterns
- Gather official documents, such as police reports, medical records, and phone records
With this evidence, your lawyer will prove that the four elements of negligence were present. These four elements are:
- Duty of Care: The driver had a responsibility to keep others safe. For example, a motor vehicle driver must follow traffic laws.
- Breach: They failed in this duty. For example, they were distracted, speeding, or driving under the influence of drugs or alcohol.
- Causation: Their actions directly led to the accident. For example, they were checking a text message and failed to come to a stop at an intersection. As a result, they crashed into another vehicle.
- Damages: You or the minor child had direct losses because of their actions, such as injuries or property damage.
When children are involved, courts often scrutinize cases even more closely. Minor children cannot advocate for themselves, which is why Florida law grants legal guardians the authority to protect their rights. Ensuring full accountability for the at-fault driver is crucial not only for justice but also for the child’s long-term well-being.
Additionally, some child injuries may not be immediately apparent. Brain injuries, emotional trauma, or orthopedic damage can present delayed symptoms. An experienced legal team will ensure that medical specialists thoroughly evaluate the child and accurately estimate future care needs.
What Compensation Can Be Recovered?
While yourpersonal injury protection (PIP) can cover some medical treatment of minors in your vehicle, these limits are often not enough for severe injuries. With a personal injury lawsuit, you may be able to recover a minor child’s losses like:
- Both current and future medical expenses for their medical care after an injury
- Permanent disability
- Mobility aids or home modifications needed for a disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of quality of life
Minor injuries can have life-altering effects. For example, if a child’s growth plate is damaged in an accident, it may affect limb development or require corrective surgeries later in life. All potential long-term medical needs should be factored into a settlement.
Mental and emotional damages are equally important. A child who becomes afraid to travel by car or suffers anxiety or nightmares from the crash may require therapy. Florida law recognizes the legitimacy of these psychological injuries.
If you lost a child due to the accident, we are so sorry for your devastating loss. Please know that you may also be eligible to bring a wrongful death lawsuit, and that we can help you with that as well.
How Settlements for Minors Are Handled in Florida
In Florida, courts oversee settlements involving minors to protect their interests. If a settlement exceeds $15,000, it often requires court approval. The funds are typically placed in a restricted guardianship or annuity account until the child turns 18.
This legal structure ensures that any awarded compensation is preserved for the child’s future needs. An experienced attorney can guide you through this process and help establish structured payments or trusts, especially when the child may require long-term care.
How Long Do You Have to File a Lawsuit?
In Florida, you typically havetwo years to file a personal injury lawsuit against an at-fault driver. However, exceptions may apply, especially when minor children are involved. Talk to your personal injury attorney about the timeline for your case and about any concerns you may have.
The statute of limitations for a minor may be extended, allowing additional time to file a claim. However, acting sooner is usually better. As time passes, evidence can disappear and witnesses’ memories fade. Starting the process early gives your legal team the best chance to build a compelling case.
Why Choose the Law Offices of Wolf & Pravato?
At Wolf & Pravato, we understand the emotional weight of cases involving injured children. We provide more than just legal representation—we offer compassionate guidance every step of the way.
Our results speak for themselves, including:
- $5.25 million in a wrongful death truck collision
- $3.85 million truck rollover settlement
- $2 million pedestrian accident recovery
- $925,000 for negligent security
Our team has the experience and resources to handle complex cases involving child injuries, traumatic brain injuries, wrongful death, and more. We collaborate with pediatric specialists, mental health professionals, and economists to fully understand the child’s needs.
We are proud to work on a contingency fee basis. There are no legal fees unless we win compensation for your family.
Connect With Our Fort Lauderdale Car Accident Lawyer
If a minor child was injured because of a negligent driver, you may be eligible to bring a lawsuit on their behalf. A Fort Lauderdale car accident attorney can pursue the fair compensation they deserve.
Atthe Law Offices of Wolf & Pravato, our legal team is here to support you and your child with dedication and compassion. We work on a contingency fee basis, so there are no upfront costs. Contact us today for a free initial consultation by calling (954) 633-8270.