Filing a Personal Injury Claim on Behalf of a Minor

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Being involved in any type of accident is traumatic, but when the accident involves your child it is even more stressful. Having a minor child injured during an accident makes every aspect of recovery more difficult. Instead of focusing on your own health you must dedicate most of your attention to your child. Most importantly, you must make sure that your child’s medical bills along with their pain and suffering are compensated. The best way to do this is by filing a personal injury claim on behalf of a minor.

Filing a Claim for a Minor

Filing a claim on behalf of a minor is similar to initiating a claim on your own behalf. This claim focuses on recovering any medical expenses associated with the care of your child, wages you have lost taking the minor to appointments, and for any pain or suffering they have endured. These claims can be filed by a parent, legal guardian, or someone who has been authorized to initiate a claim by the guardian.

Why a Claim Should Be Considered

In many personal injury cases parents do not think about filing a claim on behalf of any children who were involved in an accident. Usually parents file claims for themselves and use money recovered to take care of their children’s bills along with their own. While that may seem like the easier option, failing to initiate a claim on behalf of your child could have lasting consequences.

Children who have not yet reached their full physical growth are at greater risk of receiving long-term physical damage. A fracture to a growth plate could cause the child’s limb to become crooked or make it shorter than the other limb. Injuries to the mouth or palate may require extensive dental surgery and a painful recovery period. Initiating a claim on behalf of your minor child will increase the chances of your child having current and future medical care paid for by the at fault party.

Court Approval

One of the reasons parents in Florida are hesitant when it comes to initiating a claim on behalf of a minor is because court approval is sometimes necessary. A person who is eager to receive adequate compensation so that they can move on with their lives does not want to spend additional time in court negotiating in front of a judge. Fortunately, under Florida law settlements that do not exceed $15,000.00 do not currently require court approval. If the settlement amount exceeds $15,000.00 court approval is required to make sure that the final agreement is in the best interest of the child.

Contact a Qualified Lawyer

Personal injury claims that involve minors who are under the age of 18 are often extremely complex. The child’s physical health and long term care is considered and the court wants to be sure that the child receives all of the compensation that they are entitled to. If you or someone you know has been involved in an accident involving a minor child, the lawyers at Piccin & Glynn can help. John Piccin and Katie Glynn are experienced personal injury lawyers who are able to guide you through this difficult process. Call them today at 800-969-5446 or 352-351-5446 for a free consultation at his Ocala, Florida office.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0744/Sections/0744.387.html

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