Car accidents are frightening, but when a child is injured, the situation becomes even more stressful. Parents can feel overwhelmed trying to navigate medical care, insurance claims, and legal options while ensuring their child recovers as fully as possible.
If your child was hurt in a car accident in Florida, understanding the steps you should take can help protect their rights and ensure they receive the compensation they need.
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What to Do When Your Child Is Hurt In a Car Accident
There are several steps you should take after your child has been hurt in a car accident, including:
Seek Immediate Medical Attention
Even if your child’s injuries appear minor, it’s essential to seek medical care as soon as possible. Some injuries, such as concussions or internal trauma, may not be immediately noticeable but can become serious over time.
Doctors will assess your child’s condition and provide documentation linking the injuries to the accident, which is crucial when filing an insurance claim or personal injury lawsuit. Keep all medical records, prescriptions, and doctor’s notes, as they may serve as key evidence later.
Report the Accident
If you were present at the scene, ensure that the accident is reported to law enforcement. Florida law requires reporting accidents involving injuries, and an official police report can serve as valuable evidence when proving fault. If your child was in another vehicle at the time of the accident, request a copy of the accident report from the authorities.
Document Evidence of the Crash
Evidence plays a critical role in personal injury claims. If possible, gather the following:
- Photos of the accident scene, vehicle damage, and any visible injuries
- Contact information for witnesses who saw the crash occur
- The at-fault driver’s insurance and vehicle details
- Copies of any medical records, hospital bills, and doctor’s reports
If your child is old enough to describe the accident, take notes about their recollection of what happened.
Understand Florida’s Negligence Laws
Florida follows a modified comparative fault system, meaning that fault can be shared between multiple parties. Under this standard, a victim’s compensation may be reduced if they are found partially at fault for the accident. However, minors are generally held to different legal standards when assessing negligence.
For example, if a child was a pedestrian or riding a bicycle at the time of the accident, their actions will be analyzed based on what a reasonable child of the same age would do, rather than under the same standard that is applied to adults.
File an Insurance Claim
Florida is a no-fault insurance state, which means that your Personal Injury Protection (PIP) coverage will initially pay for medical expenses, regardless of who was at fault. However, PIP benefits may not be enough to cover all of your child’s medical needs, especially if they have suffered severe injuries.
If the other driver was negligent, you may need to pursue a claim against their liability insurance or file a personal injury lawsuit to recover additional damages. An attorney can help determine the best legal path based on your child’s specific injuries and circumstances.
What Compensation Can I Recover for My Child’s Injuries?
When a child is injured in a car accident, parents may be entitled to recover compensation on their child’s behalf for:
- Medical expenses, including hospital visits, surgery, rehabilitation, and future medical needs
- Pain and suffering for the physical and emotional distress caused by the accident
- Loss of enjoyment of life if the injuries prevent the child from engaging in normal activities
- Permanent disability or disfigurement if the accident results in long-term harm
Unlike claims involving adults, settlements involving minors often require court approval to ensure that the child’s best interests are protected.
How Long Do I Have to File a Lawsuit for My Child’s Injuries?
In most Florida personal injury cases, the statute of limitations is two years from the date of the accident. However, different rules may apply to children.
Since minors cannot file lawsuits on their own; their parents or legal guardians must pursue the claim on their behalf. In some cases, Florida law allows the statute of limitations to be extended until the child reaches the age of 18. However, medical expenses incurred by the parents are still subject to the standard filing deadline. Speaking with an attorney as soon as possible ensures that you will not miss any deadlines.
Contact Our Miami Law Personal Injury Lawyers for a Free Consultation
If your child has been injured in a car accident in Miami, you need legal guidance to secure the compensation they deserve. The Miami personal injury lawyers at Shaked Law Personal Injury Lawyers can help you navigate Florida’s legal system and fight for your child’s rights. Contact us to schedule a free consultation and discuss your case at (305) 937-0191.