Stuart Child Injury Lawyer
Nothing is more heart-wrenching than witnessing the suffering of an innocent child, especially when their pain results from someone else’s negligence. Florida courts handle child injury cases with the utmost caution and sensitivity due to the involvement of a minor and having a lawyer on your side that understands these nuances is critical. Lance P. Richard, P.A., is a compassionate and dedicated Stuart child injury lawyer committed to ensuring justice for our youngest clients.
Statute of Limitations for Child Injury Cases in Florida
In Florida, the statute of limitations for personal injury cases typically allows four years from the date of the incident to file a lawsuit. However, when the victim is a minor child, this timeline is extended. A child’s guardian or parent can initiate a claim before the child turns 18. Still, the child also has the right to file a claim themselves up to seven years after their 18th birthday or four years from the date of discovery of the injury, whichever comes first.
Filing and Settling a Child Injury Claim in Florida
When a child is injured in Florida, the child’s parent or legal guardian can file a personal injury claim on their behalf. However, it’s important to note that any settlement exceeding $15,000 must be approved by the court to ensure the settlement is in the best interest of the child. The funds from a settlement are usually placed into a protected account or trust until the child reaches the age of majority.
Florida’s Comparative Negligence Law and Minors
Florida operates under a modified comparative negligence system, meaning that a plaintiff can recover damages in proportion to the defendant’s percentage of responsibility, provided the plaintiff’s own share of responsibility is less than 50%. While this law generally applies to all personal injury claims in Florida, there are special considerations regarding minors.
In Florida, children under the age of six are typically presumed incapable of contributory negligence — that is, they cannot be held responsible for actions that contribute to their own injuries. For children between the ages of six and eighteen, courts will assess their conduct based on the “reasonable child” standard, comparing the child’s behavior to that expected of a child of similar age, intelligence, and experience.
Why You Need a Stuart, Florida Child Injury Lawyer
Child injury cases can be complex, involving specific statutes, emotional delicacy, and often significant medical expenses. At Lance P. Richard, P.A., our skilled child injury attorney and staff understand these complexities. We are dedicated to ensuring that the negligent parties are held accountable and that your child receives the compensation they deserve for their pain, suffering, and future needs.
Contact Lance P. Richard, P.A., Your Experienced Child Injury Lawyer
If your child has been injured due to the negligence of another, don’t navigate this painful process alone. Reach out to Lance P. Richard, P.A., your trusted Stuart, Florida child injury lawyer, to discuss your case and understand your legal options. Contact us today at 772-303-1295 or use our online contact form to schedule a free consultation.