A serious injury to a child is traumatic for the entire family. You may worry about ensuring your child receives the best medical treatment available, gets necessary help adjusting to any permanent injuries, and obtains adequate compensation for their suffering.
You need support from a team of dedicated personal injury attorneys. Our Kissimmee child injury lawyer at The Florida Firm is prepared to help pursue the justice and compensation your family deserves. We are the firm that other lawyers turn to when they need representation in an injury case because they know they can rely on our ethics, professionalism, and skill.
Circumstances That Could Lead to a Child Injury Claim
Childhood is the time for physical, intellectual, and emotional development. Some children tend to be clumsy or lack coordination, and they often lack sufficient experience to discern risks or manage their impulses. Accidents and injuries during this time are commonplace and might not always be someone else’s fault.
However, someone else’s negligence may cause children to suffer injuries that could have been prevented. Examples of situations that might give rise to a legal claim include:
- Vehicle accidents, including school bus accidents
- Injuries sustained while in school, day care, or summer camp
- Medical errors, including birth injuries
- Drowning or near-drowning in a public pool
- Animal attacks
- Injuries sustained while participating in organized sports
- Injuries caused by defective or malfunctioning products
Almost any situation that causes an injury to a child could lead to a child injury lawsuit if someone could have taken reasonable care to prevent it.
Our attorneys could review any situation in Kissimmee that caused harm to your child to determine whether there is evidence of negligence. If so, the negligent party could be liable for the losses you and your child suffered due to the injury.
Time Limits for Taking Legal Action Over a Childhood Injury
When a legal action involves an injury to an adult, the time limit to sue is usually straightforward. When a child is injured, various circumstances could affect the deadline for filing a lawsuit. The best strategy to preserve your child’s rights to compensation is to consult a child accident attorney in Kissimmee as quickly as possible.
Only legal adults have the right to sue—a child cannot bring a lawsuit. A parent or guardian could sue on the child’s behalf, and in that case, they should usually sue within two years of the injury.
According to Florida Statutes § 95.051(i), the law allows for delays in the start of the time limit for minors under specific circumstances, but plaintiffs must bring any suit within seven years of the injury, regardless of other factors. When a child suffers a birth injury, a parent or guardian must file a lawsuit before the child’s eighth birthday. If a child suffers an injury and either the injury or its cause is not immediately apparent, the child’s guardian must file a lawsuit within two years of discovering the injury and within seven years of the injury itself, regardless of when it was discovered.
Do Parents Control Funds Awarded to Their Children?
If your child suffers an injury and receives funds from a settlement or court verdict, you may wonder who manages the funds and how you can access the money to support your child’s needs. Our Kissimmee child injury attorney could explain the procedures that apply in your specific circumstances. We have achieved numerous million-dollar verdicts for children and understand how the courts handle the disbursement of these funds.
Most personal injury lawsuits end in a settlement before trial. When the injured person is a child, a court must review a proposed settlement to ensure it is in the child’s best interests. If so, the court may approve the settlement and appoint a guardian for the child’s property. The guardian could be you or your co-parent, but it could be another responsible adult.
Courts usually require that a court-supervised account hold the money a child receives through a verdict or settlement. You may only access the funds for the child’s benefit, subject to court approval. Larger awards often establish structured settlements that pay the child over time, starting when they turn 18.
Contact a Kissimmee Attorney From Our Firm To Get Justice for Your Child’s Injury Case
Severe childhood injuries could have a lifelong impact. You can choose a Kissimmee child injury lawyer from our firm with confidence, as we could help you seek justice and comprehensive compensation for your child’s injuries.
We do not charge fees or expenses until we have secured funds for your child, so please contact us today to discuss your situation.