Florida Attorney For Injuries To Children
Most personal injury lawsuits filed in Florida are brought by the person who suffered the injury. However, when a minor child is injured, they are not permitted to file a lawsuit on their behalf. While parents work diligently to protect their children, injuries still occur. In some ways, getting hurt is a part of childhood. However, when the negligent conduct of another causes an injury, there should be some legal recourse for the child. Especially if the seriousness of the injury adversely impacts the child for years to come.
When the victim in a personal injury accident is a child, they have the same legal rights as adults. They are entitled to compensation for all the losses they sustained that relate to the injury. The only difference is, you, as the parent, will be responsible for bringing the personal injury claim. I am Jared Newman, an experienced Florida personal injury lawyer, and I provide professional and compassionate representation for hurt children and their families. If your child was injured because of another’s negligence, call my firm, Jared Newman, Esq., at 954-281-7709 to schedule a free consultation.
Determining Who Is Liable When A Child Is Injured In Florida
if a child is hurt in an accident caused by another party’s negligent conduct or decision, the at-fault person or entity might be held legally liable for the damages the child suffered. However, determining who should be held responsible is often challenging and depends on the type of accident. In many cases, a thorough investigation by a knowledgeable Florida personal injury attorney is necessary.
A common cause of injuries to children and infants is medical malpractice. Birth injuries could impact a child for their entire life. When a medical professional fails to adhere to appropriate standards while treating a child or delivering a baby, injuries are likely to occur. However, proving medical malpractice requires a significant amount of evidence and expert medical testimony to call a doctor or other health professional’s conduct into question.
Children are often left in the care of other adults, such as teachers, daycare providers or youth sports coaches. These individuals have a responsibility to ensure your child’s safety. If a child is harmed because a trusted guardian was negligent in their duty, then they could be held responsible for any injury the child endured.
No matter how your child was injured, I will gather accident reports, medical documentation, witness testimony and other evidence to determine which party or parties should be held accountable.
Filing A Personal Injury Lawsuit In Florida For An Injured Child
If a child is injured because of the negligence of another person or entity, their parent or guardian is permitted to file a lawsuit on their behalf. Under Florida law, there is a deadline to file most lawsuits based on negligence claims. According to the statute of limitations, a plaintiff has four years to file a lawsuit in a personal injury claim. However, there is a slightly different rule when the injured individual is a minor child.
Typically, the clock on a personal injury lawsuit begins at the date of the injury. This is also the case if the injured individual is a minor child. However, if the child’s parent or guardian is incapacitated and unable to file a lawsuit for the child, then the deadline could be longer. Likewise, if the parent or guardian’s own interests are adverse to the child’s, the clock is delayed. It is critical to discuss the statute of limitations with an experienced Fort Lauderdale personal injury lawyer for injured children to understand if any exceptions exist. However, whether you have four years or more to file a case, it is never a good idea to hesitate to file a personal injury lawsuit. Waiting often results in vital evidence being lost or unavailable, decreasing your chances of success.
Damages Available To Families Of Injured Children In A Florida Personal Injury Lawsuit
One of the primary reasons someone files a personal injury lawsuit is to seek monetary compensation for their financial losses and pain and suffering. If you file a lawsuit on behalf of your child, you are entitled to pursue the same type of compensation.
Parents of injured children could recover the cost of any required medical treatment, including any future treatment, surgery or therapy that the child would need. Depending on the severity of the injury, a child could suffer other financial losses. For instance, if a birth injury would render the child incapable of earning a living, they could be compensated for the income they would have earned if the injury had not occurred.
Children also experience emotional trauma when they suffer a severe injury. Just like an adult, a child could be awarded compensation for their emotional suffering, including anxiety, loss of sleep, or other mental conditions associated with the injury.
In the unfortunate situation where a child lost their life in an accident, the parents or guardian could seek funeral and burial expenses through a wrongful death lawsuit.
Call Me For A Free Legal Consultation
While getting hurt is a part of childhood, no parent likes seeing their child injured. Some injuries, such as a bruised knee or scratch, are common and have little impact on a child’s life. However, when an injury is severe, the medical expenses and financial strain can be overwhelming. If another’s negligence caused your child’s injury, you should not have to bear the full economic and emotional burden. At Jared Newman, Esq., I am dedicated to providing professional and compassionate representation. If your child was hurt because of another’s actions, call 954-281-7709 to schedule a free consultation and review your legal rights.