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.

Guardianship of the Property and Court Oversight

When a child receives more than $50,000 net from a settlement or judgment, Florida Chapter 744 requires the establishment of a guardianship of the property. The court appoints a guardian — typically the parent, but sometimes a corporate fiduciary in complex cases — who must post bond, file an inventory of the minor's assets, and provide annual accountings to the court. Funds are held in a court-approved depository or invested under prudent-investor principles, with disbursements only on court order for the child's health, education, maintenance, or support. The guardianship terminates when the child reaches 18 and the remaining balance is paid to the child outright — a moment that catches many families unprepared when a large lump sum lands in the hands of a brand-new adult. Structured settlements and special-needs trusts (discussed below) offer planning alternatives.

Structured Settlements for Injured Children

A structured settlement converts some or all of the recovery into a stream of periodic payments funded by an annuity from a highly-rated life insurance carrier. For a child injured at age 8 in a serious crash, a $1 million recovery could be structured to provide guaranteed monthly income for life, large lump sums at age 18 for college, at age 25 for a home down payment, and at age 35 for business or family needs — all growing tax-free under 26 U.S.C. § 104(a)(2). The decision must be made before the release is signed. Once the funds are paid to the guardianship as a lump sum, the favorable tax treatment of the structure is lost.

Special Needs Trusts and Medicaid Eligibility

A child receiving Medicaid, Social Security disability benefits, or other needs-based public assistance can lose eligibility if a settlement pushes resources above program limits — currently $2,000 in countable assets for SSI eligibility. A first-party Special Needs Trust under 42 U.S.C. § 1396p(d)(4)(A) — sometimes called a "(d)(4)(A) trust" or "self-settled SNT" — allows settlement funds to be held for the child's supplemental needs without disqualifying the child from public benefits. The trust must be established before the child turns 65 and must include a payback provision repaying Medicaid at the child's death. SNT planning should begin before any settlement number is finalized; the wrong sequence can cost the child a lifetime of benefits.

Birth Injuries and the NICA Program

Florida's Birth-Related Neurological Injury Compensation Plan (NICA), codified at § 766.301 et seq., provides an exclusive administrative remedy for certain catastrophic birth-related neurological injuries. Cases that fall within NICA generally cannot be pursued as ordinary medical-malpractice claims against the obstetrician or hospital — the family is limited to NICA benefits including lifetime medical care, a one-time award currently set at $250,000, and a death benefit. NICA's exclusivity is broad but not absolute. Whether a particular birth injury falls within NICA — and whether the statutory notice requirements were satisfied by the providers — requires careful early analysis. Cases outside NICA are subject to Chapter 766's separate pre-suit notice, expert affidavit, and statute-of-limitations requirements.

Loss of Consortium and Parental Claims

Florida historically did not recognize a parental cause of action for loss of an injured child's companionship, but the Legislature has modified that rule through § 768.0415, which now allows parents to recover for permanent loss of services, comfort, companionship, and society resulting from a significant permanent injury to a minor child caused by negligence. The recovery is limited and does not include grief or emotional anguish. Parents also have separate derivative claims for medical bills they paid on behalf of the injured child — these claims belong to the parent, not the child, and are subject to the parent's own two-year statute of limitations.

Documenting Damages in a Child's Case

Damages in serious child-injury cases often require projection over a 70-year remaining life expectancy. Building the damages case usually involves:

• A life-care planner to project future medical needs — surgeries, therapy, equipment, attendant care
• A vocational expert to project the impact on future career options
• An economist to reduce future losses to present value
• A neuropsychologist for cognitive baseline and prognosis in traumatic brain injury cases
• Educational specialists to document the impact on schooling and the cost of special education

The cost of developing this expert proof can run $50,000 to $200,000 in a serious case — which the firm advances under the contingency-fee agreement.

Common Defense Tactics in Child Cases

• Parental negligence as a Fabre non-party. Defense attempts to apportion fault to the parents for inadequate supervision — a strategy with limited success in Florida courts but routinely pleaded.
• Genetic or developmental baseline. Defense argues current cognitive or behavioral issues reflect pre-existing genetic or developmental factors.
• Future earning capacity is speculative. Defense challenges projections for very young children whose career path was undetermined.
• Resilience and recovery. Defense argues children recover better than adults from similar injuries.

What Parents Should Do Immediately

• Make sure the child receives comprehensive medical evaluation including imaging and neurological assessment
• Photograph injuries, the scene, and any product or equipment involved
• Get a copy of every report — police, EMS, hospital, school incident report
• Preserve the product, vehicle, or equipment involved without alteration
• Identify and obtain contact information for every witness
• Avoid social-media posts about the child, the injury, or the recovery
• Decline recorded statements to insurance adjusters until you have spoken with a lawyer
• Consult a personal injury lawyer before signing any release or medical authorization

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.