Can a Parent Sue on Behalf of Their Injured Child in Florida?

As parents, our worst fear is seeing our children hurt, no matter the cause. The pain and helplessness we feel when our children suffer a serious injury is further exacerbated when we discover that the negligence of another individual or entity caused the harm. The National Safety Council reports that unintentional injuries are the leading cause of death for children between the ages of one and four, with nearly 4,000 child fatalities each year. Injuries, including falls, drowning, burns, and poisoning, are among the leading causes of childhood harm in Florida, with a reported 2.5 million child injuries per year in the United States.

Whether due to an accident, unsafe conditions, or other simply negligent circumstances, the impact on our children’s well-being is devastating when they are injured. It’s natural to want to pursue justice for them, ensuring accountability and financial support from those responsible. However, many parents wonder can a parent file a lawsuit on behalf of their child in Florida.

At Abrahamson & Uiterwyk, we are committed to helping parents understand their legal rights and the complexities of seeking justice and compensation for their injured children. In Florida, it may be possible for parents to file a personal injury lawsuit on behalf of their minor children, including accidents caused by negligence. If your child has been injured in an accident, our team of child injury lawyers in Tampa is here to guide you through the legal process to seek fair compensation and ensure your child’s future is protected.

Can a parent sue on behalf of their child?

Florida Laws For Suing On Behalf Of A Child

Can a parent sue on behalf of their injured child? A child under the age of 18 does not have the legal standing to file a claim or lawsuit for injuries sustained in an accident. However, under Florida law, a child’s “natural guardians,” typically their parents, are permitted to file an action on their behalf to recover damages for any injuries the child sustained. According to Florida Statute §744.301, parents can pursue compensation for their child when the injury results from another party’s negligence. Settlements exceeding $15,000 may require court approval.

In certain situations, the court may appoint someone other than the parents to bring the claim if it determines that it is not in the child’s best interest for the parents to act on their behalf. For instance, the court might assign a guardian ad litem or another representative if it believes the parents’ involvement in pursuing compensation could be detrimental to the child. Despite this, parents are generally the ones who can pursue legal action for their child’s injury in most circumstances.

Common Child Injuries In Florida

Common child injuries in Florida can result from various everyday activities or freak accidents, each carrying its own set of risks and potential harms. By understanding these injuries, parents can take proactive steps to reduce risks and better protect their children from harm.

• Bicycle Accidents – Children riding bicycles are at risk of serious injuries, especially when they are struck by negligent drivers or the child or bike has defective equipment. Teaching children proper road safety and ensuring their bicycles are well-maintained are key to reducing the risk of these accidents. 
• Car Accident Injuries – Car accidents are a significant concern for children, as they are more vulnerable to injury due to their smaller size and developing bodies. Even at lower speeds, the forces of impact can lead to severe car accident injuries, concussions, broken bones, and internal trauma. Improper use of car seats or seat belts can also increase the likelihood of injury in the event of a collision. Parents should also be aware of when kids can sit in the front seat, as sitting too early can further expose them to greater risks in the event of an accident.
• Falls – Falls are one of the most common causes of injury in children, particularly on playgrounds, at home, on slippery surfaces, or during recreational activities. These injuries can range from minor scrapes to more serious head or spinal injuries.
• Burns – Burns can occur from a variety of sources, such as hot surfaces, flames, or chemicals. Children are especially susceptible to burn injuries in the home or at daycare, where they may come into contact with hot stoves, water, or even household cleaning products.
• Poisoning – Accidental poisoning remains a serious risk for young children across the United States. Common household items such as cleaning supplies, medications, or even certain plants can be dangerous if ingested. Keeping harmful substances out of reach and childproofing the home can help prevent these types of injuries.
• Swimming Pool Accidents – Swimming pool accidents pose significant threats, ranging from slip-and-fall injuries to diving mishaps, especially in shallow waters that are not properly marked. Injuries related to pool slides or chemical exposure are also common. Tragically, the most serious injury-related pool accidents are drownings, which can occur in private pools, community pools, or water parks, and often lead to death. These accidents often lead to premises liability claims, where property owners can be held accountable for unsafe or negligent conditions.
• Daycare & School Injuries – Despite the trust parents place in daycare facilities and schools, accidents can and do occur. Daycare and school injuries often result from inadequate supervision, neglect, or unsafe playground equipment. Exposure to allergens can also cause harm to a child at school or in daycare. School bus accidents in Florida, though less common, can be devastating due to negligence or improper maintenance, leaving children vulnerable to injury.

What Kinds Of Compensation Can I Claim For My Child’s Injuries?

When a parent in Florida sues on behalf of their child for an injury caused by negligence, they may seek compensation for both economic and non-economic damages. These damages can help cover the immediate and long-term impact the injury has on the child’s life and the family as a whole.

• Medical Bills and Expenses – The parent can seek compensation for medical costs associated with treating the child’s injuries, including hospital stays, surgeries, medications, and doctor visits. This also includes any future medical treatments needed as a result of the injury.
• Therapy Costs – If the child requires therapy as part of their recovery, the parent can seek compensation for the costs of various types of therapy, including physical, occupational, mental health, rehabilitation, and vocational therapies.
• Pain and Suffering – Compensation may be pursued for the pain and suffering the child experiences due to physical injuries, mental anguish, and emotional distress. This can cover the child’s physical discomfort and the emotional toll of dealing with the aftermath of the injury.
• Permanent Impairments and Disabilities – For children who suffer long-term or permanent injuries, such as brain damage or spinal cord injuries, compensation can be sought for the lifelong effects of these impairments, including the need for ongoing care and assistance.
• Future Lost Wages and Diminished Earning Potential – If the child’s injury results in a permanent impairment that affects their ability to work in the future, compensation may be sought for future lost wages and diminished earning potential.
• Diminished Quality of Life – In cases where the child’s ability to enjoy a full and normal life is compromised due to the injury, damages can be claimed for the diminished quality of life.

Parents may also file a separate claim for compensation to recover damages for expenses they had to incur due to the accident. These damages can include compensation for circumstances such as if the parent had to miss work to care for the child, and they may be entitled to compensation for lost income. Parents can also claim reimbursement for out-of-pocket expenses directly related to their child’s recovery, such as travel costs for medical appointments or specialized care and rehabilitation therapy. These damages aim to alleviate the financial burden the family faces due to the child’s injury.

How Abrahamson & Uiterwyk Can Help Parents Sue On Behalf Of Their Child In Florida

If you are a parent in Florida seeking to sue on behalf of your child who has been injured in an accident that was caused by the negligence or carelessness of another party, contact our team of experienced Florida child injury lawyers at Abrahamson & Uiterwyk. With over 30 years of practice, our firm has a proven track record of success in securing justice for victims and their families, including children.

We have recovered hundreds of millions of dollars in compensation for our clients, including numerous multi-million-dollar case results. Our team is dedicated to protecting the rights of injured children and helping families receive financial relief for their children’s injuries by providing legal guidance with compassion and experience. Let us help you pursue the justice and compensation your child deserves.

See What Our Clients Have To Say

“Car accidents are probably one of the scariest and unexpecting times of our life. I received a referral from a friend for Abrahamson & Uiterwyk and I’m beyond glad I did. I called them while I was in the hospital and they walked me through the entire process along with my legal rights for care.
The legal team stood by me, checking in to see how I was doing until my case closed.
I could not have been more pleased with the professionalism and care that they showed during such a difficult time.
I would highly recommend Abrahamson and he would be the first call I make if I need someone again.”

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