Legal Options For Young Children Injured In Florida Car Accidents

Even when they are restrained in age-appropriate car and booster seats, children are often more at risk of sustaining serious injuries in collisions than adults. Fortunately, it is possible for a child’s guardians to recover compensation for the victim’s medical bills by filing a claim on the child’s behalf. However, recovering damages on behalf of another victim can be complicated, so if your own child was injured in a car crash because of someone else’s negligence, it is important to consult an experienced Fort Lauderdale auto accident attorney before moving forward with your case.

Filing a Lawsuit on Behalf of a Child

A child’s car accident-related injuries can leave parents with a uniquely powerless feeling. Regardless of how careful they drive, or what precautions they take, someone else’s momentary lack of care or reckless behavior could result in severe injuries for the youngest occupants of their vehicle. While worrying about one’s child’s well-being at this stage is to be expected and completely understandable, parents or guardians, once they have ensured the safety of their child, should consider investigating the possibility of filing a lawsuit against the negligent driver who caused the accident.

Fortunately, a child’s guardians are allowed to file a legal claim in court on their minor child’s behalf, as young children lack the capacity to do so on their own. This is true even if the parent wasn’t actually involved in the accident in which their child was injured. Parents are also allowed to settle a child’s accident claim rather than going to trial, but only if the settlement amount doesn’t exceed $15,000.

Recovering Damages for a Child

Injured children are generally entitled to the same types of damages as injured adults, including compensation for:

• Past and future medical expenses;
• Emotional distress;
• Pain and suffering;
• Loss of enjoyment of life; and
• Future loss of earnings.

In order to recover these damages, child accident victims must be able to establish the same elements as adults, including that the injuries sustained were a direct result of the defendant’s failure to use reasonable care. As with cases involving injured adult occupants, an experienced car accident attorney can make all the difference in the outcome of the case. For instance, establishing the value of a permanent disability, or a child’s future loss of earnings can be difficult without the assistance of experts and a dedicated legal team.

Call a Fort Lauderdale Car Accident Lawyer

If your child was injured in an accident, you may be struggling to cover mounting medical bills, while taking time off from work. While it is easy for a parent or guardian to feel powerless in these cases, these individuals do often have legal options and may be entitled to compensation to cover the child’s medical bills. To learn more, please reach out to the experienced Florida car accident legal team at Boone & Davis by calling our office at 954-566-9919. Initial consultations are offered free of charge, so don’t hesitate to call or contact us online today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0744/Sections/0744.387.html