When a child is injured in a car crash, it’s not just a medical emergency it can quickly become a legal matter. Florida law provides specific protections for minors, and as a parent or guardian, you have the right to pursue legal action on their behalf. Below are the legal steps you should take to protect your child’s rights and future.
1. Report the Accident Immediately
- Call 911 at the scene – Florida law requires that any accident involving injuries be reported.
- Ask for a police report and ensure your child’s injuries are documented.
- If you didn’t report the accident at the scene, you must file a report with local law enforcement as soon as possible.
Why it matters: The police report will serve as the official record of the accident, which is essential for legal and insurance purposes.
2. Seek Medical Evaluation Right Away
- Even if injuries aren’t visible, have your child examined by a medical professional.
- Ask for copies of all diagnoses, test results, and treatment plans.
- Follow up with pediatric specialists if recommended.
Why it matters: Medical records provide evidence of injury and necessary treatment both critical for insurance and legal claims.
3. Notify Your Insurance Company Carefully
- Contact your own auto insurance provider to report the accident.
- Only share basic facts: when, where, who was involved, and what happened.
- Do not provide a recorded statement to any insurance company (even your own) without first consulting a lawyer.
Why it matters: Insurance companies often look to minimize payouts. Saying the wrong thing even by accident could harm your case.
4. Keep a Detailed Record of the Impact
- Maintain a log of your child’s symptoms, emotional state, and any changes in daily activities.
- Save all receipts related to care, including travel, medication, and assistive equipment.
- Track missed school days and how the injury affects your child’s development or behavior.
Why it matters: This documentation can support claims for damages like pain and suffering, emotional distress, and loss of normal life.
5. Speak to a Florida Personal Injury Attorney
- Find an attorney who has experience in child injury and car accident cases in Florida.
- Ask about:
– Your child’s right to compensation
– How to file a personal injury claim or lawsuit on their behalf
– The statute of limitations for cases involving minors (in Florida, this is generally 4 years, but exceptions apply) - Schedule a free consultation as soon as possible to avoid losing key evidence or rights.
Why it matters: Navigating a claim involving a minor is legally complex. A lawyer can help you seek compensation for medical expenses, emotional trauma, future care needs, and more.
6. Do Not Accept a Settlement Without Legal Advice
- Never accept a settlement offer from an insurance company without talking to an attorney first.
- What may seem like a generous offer could fall short of covering long-term medical care, therapy, or emotional trauma.
Why it matters: Once a settlement is signed, you may lose the right to seek additional compensation even if new injuries or complications arise.
7. Understand That the Court May Get Involved
In Florida, if a settlement for a child exceeds $15,000, court approval is often required.
- The court will review whether the settlement is in the best interest of the child.
- You may be asked to set up a guardianship account or structured settlement to hold funds until your child turns 18.
Why it matters: These rules are designed to protect your child’s financial future. A qualified attorney can guide you through this process.
Next Step: Connect with Help Now
- Get medical help immediately if your child hasn’t been seen yet.
- Reach out to Hurt Aid to connect with a licensed Florida attorney who understands what you’re going through.
- Don’t wait, important legal deadlines may apply.
