For a minor child involved in a car accident, the process of seeking compensation works differently from cases involving adults. Minors may recover the same types of compensation as adults, but they cannot file their own claims. A parent or legal guardian must file on their behalf.
Florida’s no-fault laws, including Personal Injury Protection (PIP) requirements, apply to these cases, which means compensation must first be sought from the applicable PIP coverage. If the child’s injuries meet Florida’s serious injury threshold, additional claims may be pursued. Car accident settlements for children must also follow specific legal requirements to protect the child’s interests.
A Florida car accident lawyer can explain how compensation works in car accidents involving children.
How Car Accident Settlements for a Child Work
A Florida personal injury lawyer can explain how child injury compensation works in an auto accident. For example, settlements involving minors in Florida are subject to specific legal protections designed to safeguard their interests.
When a minor receives compensation for personal injury, property damage, or wrongful death, Florida Statutes § 744.3025 establishes court oversight procedures to protect the child’s interests. Court approval may be required depending on the gross settlement amount and whether a guardian of the property has been appointed.
In certain cases, the court may appoint a guardian ad litem to review the settlement and determine whether it serves the child’s best interests. Larger settlements may require formal guardianship proceedings or structured handling of funds.
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Florida’s PIP and Serious Injury Threshold Also Apply to Minors
In Florida, the state’s Personal Injury Protection (PIP) laws and serious injury threshold still apply to car accident cases involving minors.
PIP coverage follows statutory priority rules. If the child is a resident relative of a named insured, the household PIP policy applies first, even if the child was a pedestrian or bicyclist.
If there is no applicable resident‑relative PIP, coverage may come from the policy on the vehicle the child occupied at the time of the crash, and in some situations from the striking vehicle’s policy.
What PIP Covers for Child Injury Compensation
PIP provides up to $10,000, allowing for 80% of reasonable medical expenses and a $5,000 death benefit regardless of fault. This coverage may not be enough to cover the full costs of a child’s injuries, though.
For the full $10,000 in PIP medical benefits, initial services must occur within 14 days of the crash. Without a qualifying “emergency medical condition,” medical benefits are capped at $2,500.
Serious Injury Threshold
To file a personal injury lawsuit, the minor’s injuries must meet Florida’s serious injury threshold under Florida Statutes § 627.737. This requires one of the following:
- A permanent injury within a reasonable degree of medical probability
- Significant and permanent loss of an important bodily function
- Significant and permanent scarring or disfigurement
- Death
Even though minors rely on an adult’s PIP coverage, their right to recover compensation beyond PIP remains the same as that of any injured party. A parent or legal guardian files the claim or lawsuit on their behalf.
How Florida’s Modified Comparative Negligence Works in Car Accidents Involving Minors
Florida’s modified comparative negligence law applies to most car accident claims that accrued on or after March 24, 2023. An injured party may recover compensation only if they are 50% or less at fault; being more than 50% at fault bars recovery.
In auto accident cases involving minors, the court evaluates the child’s conduct differently from that of an adult. Children under age six are conclusively presumed incapable of negligence and cannot be assigned comparative fault.
For older children who were behind the wheel at the time of the accident, courts consider the child’s age, maturity, intelligence, and experience when determining whether they contributed to the accident.
When a Minor Is Driving Under a Permit or License
Teen drivers ages 15–17 operating a vehicle on a learner’s permit or Class E license are judged by the same standard of care as adult drivers because driving is treated as an “adult activity” in Florida.
For crashes that occurred on or after March 24, 2023, they can be assigned comparative fault just like adults. For instance, if they are 50% or less at fault, they may recover damages reduced by that percentage. If they are more than 50% at fault, they are usually barred from recovery.
This fault analysis is separate from who pays, though. Florida law can impute a teen driver’s negligence to the parent or guardian who signed the license/permit application and to the vehicle’s owner under vicarious liability rules, often subject to statutory caps.
Potential Damages in a Car Accident Settlement for a Child
A potential car accident settlement for a child may result in the same types of damages awarded in an adult’s case, such as compensation for medical expenses, including past and future treatment.
Settlements may also include damages for pain and suffering for a child in a car accident, covering the physical pain and emotional distress caused by their injuries. If the injuries lead to long-term impacts, such as permanent disability or a reduced earning potential, future losses may also be considered.
We Can Explain How Compensation Works in Car Accidents Involving Children
Filing a claim for a minor child involved in a car accident requires meeting specific legal requirements. Settlements for minors may require court approval, and the court may choose to appoint a guardian ad litem to ensure the child’s interests are protected.
With over $250 million recovered for our clients, The Schiller Kessler Group helps families secure the compensation their children deserve.
Contact us for a free consultation. Our attorneys are available to meet at your home, office, or hospital to provide personalized guidance and help your family.
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