Injury to Minors and Children

The following information is being offered to help parents and family members whose minor child (under the age of 18) has been injured as a result of the negligence of another person or entity. Parents are the natural guardians of their natural and adopted children and are authorized by law to initiate a claim or lawsuit on behalf of their child and to settle such claims.

Claims for injuries on behalf of minor children are similar in nature to claims of adults based on similar acts of negligence, with a few exceptions. For example, it is presumed that a very young child (under the age of six) is not capable of being comparatively negligent or responsible for his or her own injuries. Likewise, any comparative negligence on the part of a parent who may have contributed to a child's injuries is not imputed against the minor. In other words, the parent's negligence will not reduce the child's recovery. However, a parent may have a derivative claim arising out of the minor's injury and that parent's negligence, in causing or contributing to the accident, may serve to reduce the parent's recovery on the derivative action.

In most cases, Florida Statutes §744.301, §744.307 and §744.387 require settlements of claims and cases involving injuries to minors to have court approval and court supervision of the settlement proceeds (if they exceed $15,000.00) until the minor reaches the age of eighteen. In those circumstances where the settlement proceeds exceed $15,000.00, a formal guardianship for the property of that minor would have to be established. In some cases, a trust needs to be established to preserve any governmental benefits the minor may receive. When a settlement exceeds $15,000.00, the court may also appoint a guardian-ad-litem prior to approving any settlement reached on behalf of a minor. (A guardian ad litem is an attorney asked by the court to review the circumstances of a claim and to assist the judge in determining whether a proposed settlement is in the best interests of the minor.) Some settlements may call for a structured payment over time which may be preferable to a lump sum payment.

The lawyers at Abramowitz & Pomerantz, P.A. are experienced personal injury attorneys who have handled numerous cases involving a wide variety of accidents and injuries to minor children. Our firm is quite familiar with the requirements of obtaining court approval, establishing guardianships and trusts, and we work closely with other specialists to coordinate the establishment of a structured settlement, guardianship or special needs trust when appropriate.

If you or anyone you know may have a possible claim resulting from an injury to a minor child, our firm will always be available to analyze the situation and discuss the issues and strategies involved in bringing this type of claim on behalf of the minor. These include discussing the potential liability of the at fault party, the amount of damages which could reasonably be claimed and the potential for successfully collecting any damages awarded from the responsible party or its insurer.

At Abramowitz & Pomerantz, P.A., we urge you to contact us regarding any questions you may have about a possible minor's claim or cause of action with the knowledge that you are dealing with an experienced AV Rated law firm specializing in personal injury law. Our firm handles cases on a contingency fee basis which insures that you will pay a fee only if you recover damages. We will be more than happy to provide you with a free initial consultation to enable you to discuss the merits of your possible wrongful death claim with one of our attorneys. Please feel free to contact us today at (954) 572-7200, by email at www.floridainjurylawyers.com or by filling out our online claim form contained in our website at www.floridainjurylawyers.com.