Florida Car Accident Settlements for a Child

Car accidents are inherently stressful experiences, but when they involve children, they can be particularly frightening. When children suffer physical injuries and emotional trauma, they deserve the same consideration given to adult victims. However, children also lack the legal capacity to pursue claims themselves. In these cases, a parent or guardian may pursue a personal injury claim on behalf of their child. Florida law has procedures and requirements in place for parents or guardians who pursue car accident settlements on behalf of their children to protect their legal rights and interests.

So, how do car accident settlements work for children injured in a crash? A car accident settlement can provide a child with compensation for various financial and personal losses, including medical and rehabilitation expenses, costs of long-term disability care, physical pain, emotional suffering, and lost quality of life.

What Determines the Value of a Car Accident Settlement Awarded to Children?

The average settlement for a child in a car accident varies depending on the unique circumstances. Various factors can influence the size of a car accident settlement for an injured child. Some of the top factors that determine the value of accident settlements for car accidents involving children include:

The Severity of Your Child’s Injuries

The type and severity of injuries a child suffers in a car accident may significantly influence the value of a car accident settlement. Children who suffer severe injuries may need more expensive medical treatment and rehabilitation and deserve reimbursement for those expenses. Severe injuries also increase the risk of children suffering permanent disabilities that may cause them to lose various educational or professional opportunities in the future.

Length of Your Child’s Recovery Period

The longer the course of medical treatment and rehabilitation your child needs for car accident injuries, the larger the size of their settlement compensation as medical bills pile up.

Loss of the Child’s Quality of Life

Prolonged or permanent impairments that result from car accident injuries can have a significant adverse effect on your child’s quality of life. Injuries and disabilities may prevent your child from participating in activities they enjoy, including sports or other extracurricular activities. Disabilities may also interfere with your child’s education and restrict their future career opportunities.

The State of Your Child’s Mental Health

Car accident injuries can also adversely affect your child’s mental or emotional health. Injuries or disabilities that prevent your child from participating in activities can cause them to become depressed or anxious. Injuries may also leave your child with permanent disfigurement or scarring, which can contribute to feelings of shame or anxiety and have negative social consequences.

Cost of the Financial Damages Incurred as a Result

A car accident can also cause a child and their family to incur other financial losses, including the cost of special education or home health services if they suffer permanent disabilities, purchases of medical or mobility equipment, and loss of future earning capacity.

Special Laws Regarding Personal Injury Claims for Children in Florida

Florida law has specific rules and procedures for personal injury claims arising from children’s injuries. Minors lack the legal capacity to file lawsuits in their own names. Instead, a parent or guardian must file a legal action on behalf of a child injured in a car accident. However, a child who wishes to file a personal injury claim must wait until they turn 18. A court may “toll” (pause) the statute of limitations – the deadline for filing a lawsuit – until a child reaches adulthood, with the limitations period beginning to run when they turn 18. 

Do You Need Court Approval for Child Injury Settlements in Florida?

When a parent or guardian files a car accident claim for their injured child, Florida law allows courts to authorize or approve a car accident settlement. However, a parent or guardian does not require court approval for a settlement that does not exceed $15,000. Parents or guardians must receive court approval for a settlement of any value after they have filed a lawsuit on behalf of their child. A parent or guardian seeking court approval for their child’s car accident settlement must file a petition that states the facts of the car accident claim, the terms of the proposed settlement, and any other relevant evidence.

When the court approves a settlement in favor of a child in a car accident claim, the court can authorize the child’s parent(s) or legal guardian(s) to collect the settlement amount or appoint a guardian of the estate to collect the settlement. The law requires the court to appoint a guardian of the estate to collect a settlement that exceeds $15,000. A parent or guardian authorized to enter a car accident settlement on behalf of a child can sign any document necessary to put the settlement in effect, including a release of claims in favor of the tortfeasor responsible for causing the car accident.

What Does the Court Need to Approve for a Car Accident Settlement for a Child?

To approve a car accident settlement in favor of a child injured in a car crash, a court must find that the settlement serves the child’s best interests. The court may also order the parent or guardian executing the settlement on behalf of their child to post a security bond. However, the court order authorizing the settlement otherwise relieves the parent or guardian from any further responsibility concerning the car accident claim.

The court’s order authorizing a child’s car accident settlement may require the parent or guardian to hold the settlement funds in trust until the child turns 18 or to use the funds only for expenses related to the child’s car accident injuries, such as medical treatment or long-term disability care.

Contact Our Car Accident Attorneys

If your child suffered injuries in a car accident, get the legal help you need to demand accountability and financial compensation for the harm they have suffered. Contact Chiumento Law, PLLC, today for a free, no-obligation consultation with a car accident lawyer to discuss your family’s legal options for pursuing financial recovery and justice for your child.