Can I Recover Compensation on Behalf of My Child for a Slip and Fall in Adventure Island Amusement Park?

October 11, 2024 | Winters & Yonker Personal Injury Lawyers | Personal Injury

The Adventure Island water park is one of Tampa, Florida’s most popular attractions, and it is a riot of fun. Rides like the Caribbean Corkscrew draw in hundreds of thousands of guests every year. Your day of fun can turn into a nightmare, however, if your child gets hurt in a slip-and-fall accident. If someone causes your child to suffer an accident, your child might qualify for personal injury compensation. Although a child cannot file a lawsuit in Florida, viable alternatives exist.

Who Can File a Lawsuit on Behalf of a Child?

In Florida, the following people can file a lawsuit on behalf of a child:

The child’s parents: The child’s parents are almost always the first choice.
A legal guardian: If a court deems the child’s parents unavailable or unfit, a court might appoint a permanent legal guardian as a “substitute parent.” The legal guardian can file the lawsuit on the child’s behalf.
Guardian ad Litem: If there is a conflict of interest (a parent is accused of causing the child’s accident, for example), or if the settlement amount is large, the court might appoint a guardian ad litem to act as an independent advocate for the child’s best interests. The guardian ad litem is temporary, and they act only to protect the child’s interests during legal proceedings.

Any significant decision in the lawsuit requires court approval to make sure that they reflect the child’s best interests.

Extension of the Statute of Limitations Deadline for Children

There is a weakness in this process. If a parent caused the child’s injuries (through carelessness, for example), they might refrain from filing a lawsuit and thereby prevent the court from even knowing about the child’s need for justice. Note that the statute of limitations deadline for filing a personal injury claim in Florida is generally two years from the date of the accident.

There is a special statute of limitations deadline for victims who were under 18 at the time of their accident, however. In that case, the child has until their 20th birthday to file the lawsuit. However, the action must be begun within seven years after the act, event, or occurrence, giving rise to the cause of action.

Negotiating a Settlement

Most slip-and-fall claims end at the settlement table, not in court. If a parent or legal guardian wins a settlement for their child that does not exceed $15,000, the court must approve the settlement only if there is a pending lawsuit over the matter. The patent(s) must keep the money in a separate bank account and use it only to meet the child’s needs. The court can supervise the use of these funds but probably won’t unless an issue arises.

If the amount exceeds $15,000, the court must approve the settlement regardless of whether a lawsuit is pending. The court must appoint a guardian ad litem to supervise the use of the funds. The guardian ad litem must place the funds in a restricted account and use it only for the child’s best interests.

Special Case: Wrongful Death Lawsuits

If your child dies from a slip and fall accident, the personal representative (executor) must file a wrongful death lawsuit. The court will probably appoint a close relative, probably a parent, as the personal representative. Any compensation will go to close relatives in a proportion that the court deems fair according to several relevant factors.

A Good Tampa Bay Personal Injury Lawyer Might Be Worth Their Weight in Gold

The right lawyer might be able to triple or quadruple the amount of money you can win. Don’t worry if you don’t have money to pay a lawyer. Under the contingency fee system that most personal injury lawyers use, your attorney’s fees will be zero unless you win. Contact Winters & Yonker Personal Injury Lawyers today to schedule a free consultation.

Contact a Tampa Personal Injury Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196