Adults aren’t the only ones injured in accidents. Teens and young children can also sustain injuries and even serious trauma. Discovering quality legal options is essential, especially when it comes to minors. As an adult, you’re probably aware you may be eligible for compensation, but what about minors? Can a minor file a personal injury claim?
Minors aren’t legally allowed to file an insurance claim, however, this doesn’t apply to their parents or guardians. Recovering compensation on behalf of a minor is possible in Florida and other states, but the law may be a little different.
Can Minors File a Personal Injury Claim in Florida
Anyone under the age of 18 is legally considered a minor, and they are actively prohibited from important privileges such as voting, purchasing alcohol, and even buying a handgun. Something else minors aren’t allowed to do is file a personal injury claim, and this law applies whether the accident occurs in Florida or another state altogether.
Minors can file an accident claim after their 18th birthday—however, this only applies to your particular case if the state’s statute of limitations hasn’t actually run out yet. The Sunshine State does allow parents and legal guardians to file an injury claim on behalf of the minor, as long as the claim’s value isn’t more than $15,000.
Claims with higher values may need the court’s approval before an insurance settlement is issued. This can help protect the minor’s interests and ensure the settlement funds benefit the accident victim.
For example, pay off the minor’s medical expenses or provide for long-term care. The court may assign a guardian ad litem instead of allowing the minor’s parents to control the settlement.
The Statute of Limitations Can Vary For Minors
All states have statutes of limitations for personal injury claims. This is the amount of time you have to file an injury claim after the accident occurs. Florida typically gives adults two years to file a claim. The clock usually starts ticking on the date the accident occurs.
However, Florida does allow for a few exceptions to the usual two-year filing deadline. The statute of limitations can be temporarily paused for minors for up to seven years or until their 18th birthday. Once the minor turns 18, they typically have either two years to file a claim or the remainder of the seven-year temporary pause. Whichever deadline comes first is often the one the court refers to.
Not all minors can pause the statute of limitations on a personal injury claim. All minors must meet the following criteria:
- The minor doesn’t have parents or a legal guardian.
- The minor is incapacitated and can’t participate in any decisions regarding their injury claim.
- The statute of limitations can also be paused if the minor’s parents or guardian isn’t acting in their best interest. However, once the court appoints a guardian, the statute of limitations usually kicks back in.
Since trying to navigate the statute of limitations for minors can be challenging, it’s often best to work with an experienced Florida personal injury lawyer.
Key Elements of Negligence Can Be Different for Minors
Pretty much every type of personal injury claim means you must prove negligence. The primary exception is product liability claims. You typically don’t need to worry about negligence in strict liability cases.
Negligence consists of four key elements: duty of care, breach of duty, causation, and damages. While both adults and minors must prove these elements of negligence, the standards may be a little different.
The legal definition of negligence is failing to act in the same way you’d expect of a reasonable person. Negligence can also be defined as doing something you wouldn’t expect from a reasonable person. For example, a reasonable person will stop at a red light. So, how does negligence potentially impact a minor’s personal injury claim?
Duty of Care for Minors
Almost everyone owes someone a duty of care. This means behaving in a way that isn’t placing others at risk. Since minors are typically not responsible for their actions, they may not meet the standards for proving this element of negligence.
However, Florida allows more than one individual to be liable for the same accident. If the minor’s actions contributed to the accident, they may be partially liable for the accident. This usually means the minor’s insurance settlement is reduced by their percentage of blame.
Adding to the potential confusion is parents or a guardian can be liable for the minor’s actions. While this may not impact the minor’s personal injury claim, it can affect their parents or guardians. If the minor is partially liable, the other involved party may file a lawsuit against the parents/guardian.
Filing a Personal Injury Claim on Behalf of a Minor
If you’re the minor’s parent, guardian, or court-appointed representative, then you may be able to file a personal injury claim to help the child recover potential compensation for the damages that they’ve encountered. However, the broader process that’s involved means following a few important steps for your case to succeed.
Gather Evidence
Since a minor is involved in the accident, it should be immediately reported to the authorities. All minors involved in an accident should also seek immediate medical attention, even if they only suffer a few cuts and bruises.
You’re going to need a copy of the accident report, along with the minor’s medical records. If the minor suffers any property damage, even if it’s only a smartphone or tablet, get repair or replacement estimates. This also applies if the minor’s vehicle is damaged in the accident.
Contact Your Insurance Provider
Since Florida is a no-fault state, you file a personal injury claim with your insurance provider. Your insurance policy should cover most of the damages the minor suffers, usually up to 80%. However, your insurance only covers economic damages.
To recover the remaining 20% or so of the damages, along with any non-economic losses, you’ll file a lawsuit against the at-fault driver on the minor’s behalf.
Partner with an Experienced Florida Accident Attorney
Whether the accident is a car crash or a slip-and-fall at the amusement park, minors are often eligible to recover compensation for their injuries.
Before you file an injury claim on behalf of a minor, it’s a good idea to partner with an experienced accident attorney. Your attorney can navigate the legal system and help ensure the minor receives fair compensation.