Bringing a personal injury lawsuit on behalf of a child in the state of Florida can be a complex and daunting process. As a parent or guardian, ensuring the well-being and future of your child is paramount, especially in the face of injury caused by the negligence of another party. Understanding the key factors that influence the strength of your case is essential for pursuing justice and obtaining the compensation your child deserves.

Statute of Limitations: Timing is Crucial

In Florida, the statute of limitations for personal injury cases is typically two years from the date of the accident or incident that caused the injuries or death. However, there are exceptions to this rule, particularly when it involves minors. It’s crucial to consult with an experienced personal injury attorney to determine the eligibility of your claim, especially if the injury occurred when your child was very young or if there are extenuating circumstances surrounding the incident.

Duty of Care: Establishing Responsibility

One of the primary factors in a personal injury case is establishing the duty of care. This means demonstrating that the responsible party had a duty to protect your child from harm, breached that duty through negligence or deliberate action, and that this breach directly resulted in significant and sustained damages to your child. This can include injuries sustained in accidents, attacks, or instances of medical malpractice.

“One of the primary factors in a personal injury case is establishing the duty of care.”

Valuing Damages: Small vs. Large Cases

The value of damages awarded in a personal injury case can vary significantly. In Florida, cases involving damages under $15,000 are considered small enough to be brought by a child’s parents or guardians without the need to prove guardianship. Parents can directly manage financial awards and settlements in these smaller cases. However, for cases with damages exceeding $15,000, a formal guardianship is required, and any awarded damages must be held in a restricted account or annuity. Withdrawals from these funds must be approved by the court, ensuring they are in the child’s best interest.

Burden of Proof: Building a Strong Case

To succeed in a personal injury lawsuit, you must demonstrate a preponderance of proof that the injuries or death of your child were the fault of the entity being sued. This requires thorough evidence gathering, including witness statements, medical records, and expert testimony. An experienced personal injury attorney can help navigate this process, ensuring that your case is built on a solid foundation and maximizing the chances of a favorable outcome.

Rare Exceptions: State Intervention and Parental Liability

While it’s typically the responsibility of the child’s natural guardians to bring a personal injury case on behalf of the child, there are rare exceptions where the state may intervene. In cases where parents breach their duty of care to their own children, the state may bring personal injury cases against them. However, such occurrences are infrequent and serve as exceptions to the general rule.

The Importance of an Attorney

In the State of Florida,those seeking legal representation on behalf of a child injured in an accident can significantly benefit from working with an experienced personal injury attorney. These professionals possess in-depth knowledge of Florida’s sometimes complicated legal system, including statutes, regulations, and case precedents specific to personal injury law. An attorney’s experience allows them to navigate complex legal procedures with precision, ensuring that every aspect of the case is meticulously handled. From gathering evidence and negotiating with insurance companies to representing clients in court, a seasoned Florida personal injury attorney can provide invaluable support every step of the way.

One of the most compelling reasons to enlist the help of a skilled personal injury attorney in Florida is the contingency fee arrangement commonly offered by reputable firms. Under this arrangement, clients do not have to worry about upfront legal fees or expenses. Instead, the attorney’s fees are contingent upon the successful outcome of the case. This means that clients only pay if they win their case and receive compensation for their injuries. As a result, cost becomes less of a concern for individuals seeking justice for their injured children, allowing them to focus on their recovery and well-being without the added financial burden.

Furthermore, experienced Florida personal injury attorneys have extensive networks and resources at their disposal, which can significantly bolster the strength of a case. From collaborating with expert witnesses and medical professionals to conducting thorough investigations, these attorneys leave no stone unturned in their pursuit of justice for their clients. By leveraging their connections and experience, they can build a compelling case that maximizes the chances of obtaining fair compensation for the child’s injuries, medical expenses, and other damages. In essence, working with a seasoned personal injury attorney in Florida offers invaluable peace of mind and the best possible chance of achieving a favorable outcome in the legal proceedings.

South Florida Law

Personal injury lawsuits on behalf of children take place in a complex legal landscape and may involve multiple parties. The main defendant may be a corporation, an individual, a school, a large insurance company or a combination of different parties. In the case that there are multiple parties at fault, each will arrive with their own experienced legal team. If your child is the victim in a personal injury case, it’s proven that having an experienced personal injury lawyer on your side greatly increases the likelihood of a larger payout. Having your own legal team helps avoid pitfalls set by the legal teams of negligent corporations and bad-faith insurance companies.

South Florida Law is a Florida law firm with a strong personal injury practice and extensive experience in dealing with associations. If you or a loved one has been in an accident, experienced personal injury attorneys from South Florida Law first identify if you have a case for compensation. If you do, the firm can agree to bring you on for a contingency fee, which means you don’t pay a dime unless we win your case.

Injured in an accident or attack on association property? Reach out to South Florida Law today for a free consultation at (954) 900-8885 or through our contact form.