Below we offer some general information that might help guide parents in Florida if their child has been injured in an accident. In the event of a child being injured in an accident, it's crucial for parents to consult with a qualified attorney to get advice tailored to their specific situation. In Florida, parents may consider the following legal options:
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Insurance Claims: Florida is a no-fault auto insurance state, so parents may need to file a claim with their own insurance first, regardless of who is at fault, in the event of an auto accident. Personal Injury Protection (PIP) coverage typically helps with medical expenses and lost wages.
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Third-Party Liability: If the accident was caused by someone else's negligence and the child was injured, parents might pursue a claim against the at-fault party. This could involve the at-fault party's liability insurance.
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Child's Own Claim: If the child is old enough, they may be able to file their own claim once they reach a certain age, typically 18. Until then, parents may act as legal representatives for their child's claims.
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Medical Malpractice: If the injury resulted from medical treatment, parents might explore medical malpractice claims against the healthcare provider.
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Time Limits (Statute of Limitations): It's crucial to be aware of the statute of limitations for filing a personal injury lawsuit. In Florida, the time frame is generally two years from the date of the accident for personal injury claims.
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Structured Settlements: In some cases, parents may negotiate structured settlements rather than lump-sum payments for their child's future needs.
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Court Approval of Settlements: Under certain circumstances, the court will be required to approve a settlement in a case involving a minor.
Remember, this is just general information, and consulting with a legal professional in Florida would be the best course of action for personalized advice based on the specific circumstances.
You can reach Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
