When a Child Is Injured in Florida — What Parents Should Know

When a child is seriously injured in Florida — in a car accident, a swimming pool incident, a school playground fall, a dog bite, a defective-product injury, or a medical-malpractice case — the legal landscape has special features that do not apply to adult cases. The procedural rules, statutes of limitation, settlement approval requirements, and damage categories are all affected by the fact that a minor is involved. Parents acting on behalf of an injured child should understand what these rules mean before agreeing to anything.

Common Categories of Florida Child Injury Cases

• Car accident injuries to child passengers — Florida law (§ 316.613) requires children under six to be in approved car seats or boosters; failure to comply may constitute negligence per se
• Pedestrian and cyclist strikes in residential neighborhoods, school zones, and parking lots
• Swimming pool drownings and near-drownings — drowning is the leading cause of death for children ages 1–4 in Florida; pool-fence and barrier requirements under § 515.27 are strict
• Dog bites — Florida's strict-liability dog-bite statute (§ 767.04) applies, with limited reduction for the "Bad Dog" sign defense, which does not protect the owner against children under six
• Daycare and after-school program injuries
• School injuries — playground equipment, PE class, sports concussions, bus accidents, bullying
• Defective product injuries — toys, car seats, cribs, infant carriers, baby gates
• Birth injuries — separate body of law including Florida's NICA program for catastrophic neurological injuries
• Burn injuries from scalding, fires, defective products
• Bicycle and pedestrian injuries from inadequate roadway design near schools
• Sexual abuse in institutional settings

Extended Statute of Limitations for Minors

Florida Statute § 95.051(1)(h) tolls the statute of limitations during a person's minority — meaning the clock does not run against a minor child until the child reaches age 18. However, this rule has important limitations:

• The tolling rule applies to the child's claim, not to derivative claims by parents (loss of consortium, medical bills paid by parents)
• The seven-year statute of repose for some categories of cases (medical malpractice) is not tolled past age eight in certain circumstances
• For sovereign-immunity claims under § 768.28 against government entities, the three-year notice deadline is not tolled by minority — parents must give timely notice
• Some statutes of repose (like the 12-year products liability repose) are not tolled by minority

The interaction between minority tolling and the various statutes of limitation and repose is technical, and waiting to act can permanently bar both the child's claim and the parents' derivative claims.

Court Approval of Minor Settlements

Florida Probate Rule 5.636 and Florida Statute Chapter 744 govern settlements involving minors. Generally:

• Settlements with net recovery to the minor under $15,000 can typically be approved by a parent without court involvement
• Settlements with net recovery between $15,000 and $50,000 require court approval but typically not the appointment of a separate guardian ad litem
• Settlements with net recovery over $50,000 generally require the appointment of a guardian of the property and court oversight of how the funds are managed and disbursed for the minor's benefit

Settlement funds for a minor are typically held in a court-supervised guardianship account, in a structured settlement, or in a special needs trust until the minor reaches majority. Special planning is required if the child has special needs or receives Medicaid or Social Security benefits.

Damages in Child Injury Cases

Damages for an injured child can include past and future medical expenses, future lost earning capacity (often projected based on educational disruption and the impact of the injury on future career options), past and future pain and suffering, mental anguish, loss of enjoyment of life, and permanent impairment. Parents may have separate derivative claims for medical bills they paid and for loss of services and companionship of the child (limited under Florida law).

Wrongful Death of a Child

The death of a minor child gives rise to a Florida Wrongful Death Act claim by the surviving parents, with damages including loss of parental relationship, mental pain and suffering, and any medical and funeral expenses paid. The statute of limitations is two years from the date of death.

If your child has been seriously injured in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a confidential, no-cost consultation.