What to Do If Your Child Is Injured in a Car Accident: Legal Options For Parents

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand how overwhelming it can be to navigate the legal process while also caring for an injured child. In this blog, we will discuss what parents need to know about car accidents involving children, how Florida’s laws apply, and what steps to take to protect your family’s rights.

Should I Take My Child to the Doctor After a Car Accident, Even If They Seem Fine?

Yes, it’s critical to seek medical attention for your child after a car accident, even if they do not show immediate signs of injury. Some injuries, like concussions or internal trauma, may not be apparent right away but can worsen over time. Seeking immediate medical attention ensures your child’s health and creates a record of their injuries, which will be crucial if you pursue a claim for compensation for them.

Under Florida Statutes § 627.736, your Personal Injury Protection (PIP) insurance will cover up to $10,000 of reasonable and necessary medical expenses for your child, regardless of who was at fault for causing the crash.. However, if your child’s injuries exceed the limits of PIP, additional legal action may be necessary to secure further compensation.

Can I File a Legal Claim on Behalf of My Child After a Car Accident?

Yes, as a parent or legal guardian, you have the right to pursue a legal claim on behalf of your child if they were injured in a car accident. Children, as minors, are not legally able to file lawsuits on their own, so it falls to the parent to take legal action to recover damages for medical expenses, pain and suffering, and other related costs.

Who Can Be Held Liable?

In a car accident involving a child, multiple parties may be held responsible, including:

• The At-Fault Driver: If another driver’s negligence caused the accident, they can be held liable for your child’s injuries.
• Vehicle Manufacturers: If a vehicle defect contributed to the accident, the manufacturer may be liable under Florida’s products liability laws.
• Third Parties: In some cases, other factors, such as road conditions, may have contributed to the accident, making third parties liable.

Florida operates under a modified comparative negligence system, according to Florida Statutes § 768.81, which allows for recovery of damages even if the victim shares some degree of fault. However, compensation will be reduced by the percentage of fault assigned to the victim or their guardian up to 50%. If the child or guardian is found to be more than 50% responsible, then the child may not make a recovery.  

What Compensation Can I Seek for My Child’s Injuries?

If your child was injured in a car accident, you can pursue various forms of compensation on their behalf, including:

• Medical Expenses: Coverage for immediate and ongoing medical care, rehabilitation, and any future treatment needs.
• Pain and Suffering: Compensation for the physical and emotional distress your child endures as a result of their injuries.
• Loss of Enjoyment of Life: If your child’s injuries prevent them from engaging in activities they previously enjoyed, you can pursue compensation for this loss.
• Future Damages: If the injuries result in long-term or permanent disability, you can seek compensation for future medical care, educational needs, or home modifications.

In Florida, the statute of limitations for personal injury claims is typically two years, as outlined in Florida Statutes § 95.11(3)(a). However, in some cases involving minors, the time limit may be extended, giving you more flexibility to file a claim on behalf of your child. It’s still important to take legal action as soon as possible to preserve evidence and ensure the best outcome because there is no guarantee that you will be able to extend the deadline.

Special Considerations for Child Injury Claims

Car accidents involving children come with unique challenges. For instance, the full extent of a child’s injuries may not be immediately apparent, as children are still developing physically and emotionally. Some injuries may have long-term impacts on a child’s growth, development, and overall quality of life. Therefore, calculating fair compensation for future needs is particularly important in child injury cases.

• Long-Term Effects: Injuries such as traumatic brain injuries (TBIs), spinal cord injuries, or severe fractures can impact a child’s future physical capabilities, emotional well-being, and even their ability to perform in school or pursue a career.
• Settlement Approval: In Florida, a pre-suit settlement involving a minor must be approved by the court if the gross settlement exceeds $15,000.00.  If a lawsuit is filed, then court approval of the settlement in any amount is required.  There may also be certain circumstances where the Court may appoint a guardian ad litem for the child. This is done to ensure that the child’s best interests are protected, and the compensation received is adequate for their needs.

Because of these long-term considerations, it’s important to work with a car accident attorney who has experience handling child injury cases and can help you secure compensation that accounts for your child’s future needs, not just immediate medical expenses.

Can I File a Wrongful Death Claim If My Child Was Killed in a Car Accident?

Yes, if your child tragically passed away due to injuries sustained in a car accident, you may be entitled to file a wrongful death claim under The Florida Wrongful Death Act. Florida’s wrongful death law allows parents to seek financial compensation for the devastating losses they have suffered as a result of losing a child. While no amount of money can ever replace the loss of a loved one, a wrongful death claim can help ease the financial burdens caused by the accident and hold the responsible parties accountable.

This type of claim allows parents to seek compensation for:

• Funeral and burial expenses
• Medical expenses incurred before the child’s death
• Loss of companionship and emotional suffering
• Mental pain and anguish

Who Can File a Wrongful Death Claim For a Child?

In Florida, wrongful death claims must be filed by the personal representative of the deceased child’s estate. This representative is typically a parent or legal guardian of the child. The claim is filed on behalf of the deceased child’s estate and their surviving family members.

How Long Do I Have To File a Wrongful Death Claim For My Child?

Florida has a statute of limitations for negligence-based wrongful death claims, which is typically two years from the date of the negligence, according to Florida Statutes § 95.11(4)(d). This means that you must file your claim within this time frame, or you may lose the right to seek compensation. However, there may be exceptions in certain cases, so it is important to speak with a personal injury attorney as soon as possible.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have successfully recovered millions of dollars for families affected by the wrongful death of a loved one in car accidents. Our team understands how emotionally overwhelming these cases are and is dedicated to providing compassionate legal support to guide you through the process, ensuring you have the best chance at receiving justice.

Should I Hire a Lawyer If My Child Is Injured in a Car Accident?

Dealing with insurance companies, calculating damages, and navigating Florida’s legal system can be overwhelming, especially when your child’s well-being is at stake. Insurance companies may attempt to minimize your child’s injuries or offer low settlement amounts that don’t account for long-term care needs. Having an experienced car accident attorney on your side can help ensure that you receive full and fair compensation for your child’s injuries.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

If your child has been injured in a Miami car accident, it’s essential to understand your legal options and take action to protect their future. Contact us today at 305-638-4143 for a free consultation to discuss your case and learn more about how we can assist you in pursuing justice for your child. Let us handle the legal complexities while you focus on your child’s recovery and well-being.