In Florida, as in other states, the age of majority is 18. Florida law restricts the legal rights of children (a.k.a. “minors”). Minors cannot vote, enter into a contract, marry without parental consent, or perform other legal acts. Significantly, a minor cannot file a personal injury lawsuit. However, there are other ways for them to protect their legal rights.
Third-Party Claims: When Someone Files a Lawsuit on Behalf of a Child
An injured child does not have to wait until their 18th birthday to sue – they can have someone else (typically, their parents or legal guardians) file a lawsuit on their behalf. This is not always the case, however.
Why Parents Might Not Be Fit to Represent Their Child
There are some circumstances in which parents may be unfit to file a lawsuit on behalf of their injured child, including:
- The parents would be the defendants in the action (e.g., The accident was the parents’ fault.), creating a conflict of interest.
- The parents share fault for the accident.
- The parents are sickly, abusive, or mentally incompetent.
- The parents cannot be identified.
- Both parents are dead.
In such cases, the court will appoint a guardian ad litem — a third person who will represent the child’s interests for the duration of the lawsuit.
The Statute of Limitations
An adult doesn’t have to file on behalf of the child if the child turns 18 before the statute of limitation deadline expires. The statute of limitations allows your child to file a personal injury claim up to two years after their accident, at least for all claims filed after March 24, 2023. Any accident that occurred before this date is subject to a four-year statute of limitations.
Special Statute of Limitations Rules for Children
Because a child cannot file a lawsuit in their own name, Florida has instituted a special rule. Unless a statute of repose applies, the statute of limitations countdown will not begin until the child turns 18. At that point, since the statute of limitations is still two years, the child would have until their 20th birthday to file a lawsuit.
The Statute of Repose
The statute of repose sets a hard deadline for filing a personal injury claim, regardless of whether other rules apply. Florida has more than one statute of repose, and they limit a child’s ability to file certain personal injury claims, such as:
Medical Malpractice
Medical malpractice claims have a four-year statute of repose deadline. However, if the healthcare provider commits fraud, concealment, or intentional misrepresentation, the statute of repose becomes seven years. The only other exception is that the statute of repose for a child victim under eight years old is extended until at least the minor’s eighth birthday.
Product Liability
To file a personal injury claim, a product liability claim must be filed within 12 years of the product’s delivery to the first purchaser. This statute of repose applies to products with an expected life of 10 years or less. Generally, this 12-year deadline cannot be extended for children.
Statute of limitations and statute of repose issues are complex, and you should not try to resolve them without the help of a lawyer.
Wrongful Death Claims
If the child died in the accident, or if they died as a result of an accident before trial or settlement, you have a wrongful death claim instead of a personal injury claim. Under Florida law, the personal representative (“executor”) of the child’s estate can file a wrongful death lawsuit. The probate court will appoint a personal representative to manage a child’s estate. In most cases, that person will be a parent.
Damages in a wrongful death lawsuit can be immense since they purport to measure the value of a human life. The court will award damages to the child’s probate estate. Since children typically don’t have wills, Florida law will likely direct most of the damages to the deceased child’s parents.
Loss of FIlial Consortium
Florida recognizes a special type of personal injury claim that not every state recognizes called “loss of filial consortium.” This claim covers loss of companionship, loss of society, and psychological pain and suffering. A loss of filial consortium claim can be incorporated in a wrongful death lawsuit if the child has died.
Insurance Claims
Insurance companies pay most insurance claims. This means that, in most cases, the terms of the insurance policy significantly affect a claim for personal injury damages.
No-Fault Car Insurance Claims
A child driver of 16 or older can carry their own PIP coverage, but a parent or guardian must help them file an insurance claim. A child passenger at any age can file a claim with the help of a parent or guardian.
Other Insurance Claims
A child may be the recipient of insurance proceeds arising from a personal injury other than a no-fault car accident. For example, a child might receive a settlement for a dog bite from the dog owner’s homeowner’s insurance policy. This will also require the involvement of a parent or guardian.
Must a Court Approve a Private Settlement?
Whether a court can approve a private settlement depends on its amount. Please note that court approval of a settlement is always mandatory if the claimant files a lawsuit, even if the case ultimately settles out of court.
Amounts Up to $15,000
Absent special considerations (e.g., parental unfitness), there is no need for court approval if the amount of the gross settlement does not exceed $15,000. In this case, the court will probably allow the parents to manage the money on their child’s behalf. Even so, they must keep the money in a special account and use it only for the child’s best interests. The court might, however, appoint a third-party guardian if it believes that the parents are irresponsible.
Amounts Over $15,000
If the settlement exceeds $15,000, the court must approve it based on the “best interests of the child.” The court will order the money to go into a special, restricted account and appoint a parent or a guardian to manage it. The person managing the account will only be able to access the funds if they have a court order.
A Tampa Personal Injury Lawyer Can Help You With Your Third-Party Claim
Injury to a minor always results in legal complications that could delay the resolution of the claim. If you are confused about filing a third-party claim on behalf of your child, we can help you. Contact our Tampa personal injury lawyers at Winters & Yonker Personal Injury Lawyers to schedule a free consultation at (813) 223-6200.