Switch to ADA Accessible Theme
Clearwater Personal Injury Attorney
For A Free Consultation 877-767-1032

What to know about Settling a Child Injury Case in Florida

ChildInjury

Just like anyone, young children are often the victims of personal injuries in Florida. Whether it’s a car accident, a fall, a dog bite, or some other common form of injury, when a child’s injury results in financial compensation, it requires a little extra work to make sure the child’s funds are protected.

At Roman & Roman, P.A., we represent injured people throughout the Tampa Bay area, including Pasco, Hernando, Citrus and Manatee Counties. For help settling a child injury claim, talk to one of our attorneys today.  Here are a few of the steps to settling a minor’s case in Florida.

Reach an Agreement 

The first step to any settlement is actually obtaining the offer from an insurance company or defendant. To put this in context, consider the case of a typical automobile accident. First, you must get the other driver’s insurance company to agree to pay compensation. Once you have a settlement offer that you believe is fair and reasonable under the circumstances, then comes getting the settlement approved.

Minor Court Approval 

Under Florida Revised Statutes, Section 744.387, there is a specific procedure for settling a minor child’s injury claim. There are two general options:

  • Less than $15,000. Where the settlement is done out of court without filing a lawsuit, as are many auto accidents and similar injury claims, and where the total value of the settlement is less than $15,000, there is generally no need to open a court proceeding. Instead, a claims limitation form may be used. Likewise, the parent or guardian can simply sign the release and settlement agreement and collect the funds for the child.
  • Greater than $15,000. If the total sum of the settlement is over $15,000 or a lawsuit is pending, the court will require the parent or guardian to seek court approval to settle. This is to ensure that the child’s interests are being protected. While most parents would never dream of stealing from their own child, it has happened before. So courts are very protective of children receiving large sums of money.

What Happens to the Money 

Funds recovered and approved by the court are to be placed into a protected guardianship account for the child’s benefit. If the net proceeds of the settlement fall under $15,000, judges will sometimes allow the parents to receive the money with instructions to use it for the child’s benefit.

Why Insurance Companies Often Require Court Approval Anyway 

Even where not specified by the law, many defendants and insurance companies will require a court approval anyway. This is because a child could, at least in theory, grow up and change their mind. A child has no legal capacity to settle a claim, and absent court authority, a parent doesn’t necessarily have the legal right to bind a child to a contract that may violate the child’s rights. Since the statute of limitations for a child does not run until upwards of 3 years after turning 18, insurance companies and defendants want to be sure they are guarded against a lawsuit decades later.

If your child has suffered an injury and you need help recovering compensation, call or visit Roman & Roman, P.A. online today to schedule a free consultation.

https://www.romanromanlaw.com/spectator-injuries-at-sporting-events/

Facebook Twitter LinkedIn
Clearwater Office

Clearwater Office

fax: 727-736-3234
2274 FL-580
Clearwater, FL 33763
Hudson Office

Hudson Office

Hernando: 352-796-2151
fax: 727-736-3234
12000 U.S. Hwy 19
Hudson, FL 34667
Tampa Office

Tampa Office

(by appointment only)
fax: 727-736-3234
9301 W. Hillsborough Ave.
Tampa, FL 33615
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

This web site is designed for general information only. The information presented at this site should not
be construed to be formal legal advice nor the formation of a lawyer/client relationship.

© 2015 - 2024 Roman & Roman, P.A. All rights reserved.

Contact Form Tab