Car accidents, without a doubt, affect children daily. Although many people view the recovery period of a car accident as adult-centered, parents and guardians have to go through the legal process for their kids as well. But sometimes, parents drop the ball or don’t understand what their options are for their children. Then there are instances when compensation caps are hit, and there seems like no other options available. In a time like this, it may be helpful to speak to our Tampa injury lawyers about your case.
Statute of Limitations and an Explanation on Exceptions
The Florida statute of limitations has numerous variances and detailed notes on how and when the injury occurred. For car accidents, Florida allows for four years from the time of the accident to initiate a claim, which means that most children won’t reach the age of maturity before that time and would be entirely dependent on their parent or guardian to pursue compensation for them.
There are very rare instances when an exception is made for the statute of limitations. If your injuries were found in adolescence, a judge might have “tolled” your statute of limitations. Essentially, tolling is pausing the statute and allowing you to file a lawsuit at a later time. However, it’s more likely that the statute of limitations would be suspended until a certain time allowing medical professionals to make a determination on your injuries. T
The goal of a statute of limitations is to create a barrier to how long someone can wait before taking legal action.
Ongoing Medical Issues After Resolution
If the initial claim or lawsuit went through every possible extent when you were a child, then you may not have the opportunity to continue legal action. Among the many documents put into effect when a claim concludes is a release form. That release form states that the parties involved won’t pursue further legal action because the matter was settled.
However, many injuries that arise from car accidents may not appear for years later. In the case of children who regularly visit their doctors and are under close surveillance of all those surrounding them, the handling is a little different. Adults are often put under questioning on medical gaps and similar issues.
When it comes to childhood injuries, it’s fully accepted that pediatric brain injury, soft tissue damage, and many other common injuries may not be made known until their teenage years. Additionally, the extent of the injuries may not be present until years after their diagnosis. This could be much more than what the resolution covered.
When to Involve an Auto Accident Lawyer in Tampa
A Tampa attorney can closely look through the resolution from the initial crash claim and help you understand what options you have available. Not only will you need legal help, but you may also need guidance on how to retrieve your medical records and understand your past procedures.
It’s likely that you’ll face a lot of pushback from the insurance agency, but it will probably be lesser than what other adults experience. As a childhood injury, your pain stems from something that was far out of your control. Given that circumstance, there’s little reason for anyone to question your medical gaps or why certain procedures weren’t taken.
When you realize with a medical professional that your current pain stems from that injury, then you’ll need to call a lawyer. These issues aren’t something that most people can handle or close on their own.
How to Find the Right Tampa Injury Lawyers
The right attorney is hard to find because you don’t know what they’re capable of until they start working. What you can do is to find someone who’s flexible with communications, available often, and has handled similar cases before with great success.
Personal injury cases usually resolve through settlements and don’t go to trial. When interviewing auto accident attorneys, you should ask about how they try to handle settlement negotiations. You should also ask them to discuss cases of adult claims based on childhood injuries and what came of those instances.
Contact the Tampa Injury Lawyers at Winters & Yonker
As Tampa auto accident attorneys, we aim to give you an honest answer upfront. With cases like this, that answer may be that you don’t have many options when it comes to pursuing legal action. You need a knowledgeable attorney to look at your situation and decide if legal action is even a possibility.
To get started, call the offices of Winters & Yonker. Our personal injury law firm will work hard to dissect difficult situations and take the right step for our clients.