Children Cannot File Claims on Their Own

The first crucial point to understand is that minor children lack the legal capacity and standing to file injury claims or lawsuits independently. Under the law, anyone under 18 years old is considered a legal minor or "incapacitated." This means the child's parent or court-appointed legal guardian must take the lead role in a personal injury case that stems from the accident.

As the parent, you are your child's biggest advocate throughout this process. It is your responsibility to ensure they receive appropriate medical care and have access to all the current and future resources they need to recover from accident-related injuries to the fullest extent possible. Pursuing fair compensation through the legal system is the best way to safeguard your child's interests.

Seeking Justice Through Third-Party Claims

If your child's injuries resulted from another driver's negligence—such as distracted, impaired, aggressive, or reckless driving—you may have grounds to pursue a third-party liability claim against that driver's auto insurance policy. This type of claim could provide your family with compensation for:

All medical expenses related to your child's injuries, including emergency care, hospitalizations, surgeries, medications, medical equipment, therapy/rehabilitation, and future treatment needs 

• Your child's physical pain and emotional suffering caused by the accident and injuries
• Permanent disability, disfigurement, or impairment that diminishes your child's quality of life 
• Loss of future earnings/earning capacity if injuries hinder educational or career prospects
• Potentially more, depending on the specific details of your child's case

Collecting full damages is crucial because a childhood injury can have lifelong impacts on the victim's health, development, education, relationships, independence, and overall quality of life as they grow into adulthood. You need to ensure there are sufficient funds to help your child overcome any limitations or challenges caused by the accident.

An experienced personal injury lawyer can carefully evaluate all potentially recoverable damages and leverage proven legal strategies to maximize the financial recovery for your family. If the insurance company refuses to offer a fair settlement amount to compensate for your child's injuries and future needs, your attorney can file a lawsuit and take the case to trial for a jury to decide appropriate damages.

Florida's Statute of Limitations for Minors

One important factor that provides more flexibility in child injury cases is Florida's statute of limitations—the legal deadline for filing a personal injury lawsuit. Typically, under a law passed just last year, these types of claims must be filed within two years from the date of the accident. 

In some cases, a minor’s statute of limitations may be extended until after they are of the age of majority, which would extend the filing window and keep the statute of limitations from expiring before your child becomes a legal adult who can actively participate in the legal process. However, the extension should not be counted on in any particular instance, and I still strongly advise taking legal action as promptly as possible following the accident. Prompt action preserves key evidence, witness testimonies, and other details that can strengthen your case. It also enables your lawyer to start building a solid, compelling claim right away on your child's behalf. Plus, it takes the very substantial risk out of wondering if any particular court might grant an extension to the statute of limitations for your child’s claim.

Accessing No-Fault Insurance Coverage

In addition to the third-party liability claim against the at-fault driver, you should also review your auto insurance policy. Florida requires all drivers to carry Personal Injury Protection (PIP) coverage with at least $10,000 in benefits. 

PIP is considered "no-fault" coverage because you can access these benefits to help pay your child's initial medical bills from the accident, regardless of who was at fault for causing the crash. PIP can cover essential treatment expenses, like:

• Emergency transport from the accident scene
• Hospital/surgical costs 
• Doctor appointments and follow-up care
• Prescription medications
• Rehabilitative therapies
• Necessary medical equipment or supplies

While the $10,000 PIP limit is rarely enough to cover severe or catastrophic injuries, accessing this coverage immediately is still critical. It helps ensure your child receives necessary early care and treatment while your attorney builds a separate case against the liable driver/parties to recover additional compensation.

Parental Damage Claims

Finally, as the parent of an injured child, you may also have grounds to make certain claims for damages you personally suffered related to the accident, such as:

• Lost wages from taking time off work to care for your child 
• Reimbursement for any out-of-pocket costs not covered by insurance
• Emotional distress from witnessing the traumatic accident event
• The financial burden caused by your child's injuries, medical needs, and other accident-related expenses
  

Conclusion

No family should have to bear the physical, emotional, and economic impacts of an accident alone when it was caused by someone else's negligent actions. An experienced personal injury lawyer with expertise in child injury cases can be an invaluable ally during this trying time.

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".