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In Florida, minors—individuals under the age of 18—are afforded certain legal rights and protections when pursuing personal injury claims. Because minors lack the legal capacity to file lawsuits or enter into binding agreements, the state has specific provisions in place to safeguard their interests. Here’s an in-depth look at a minor’s rights in an injury case in Florida.

Right to Compensation for Injuries

Minors have the right to seek compensation for injuries caused by another party’s negligence or intentional act. The types of damages they may be entitled to include:

  • Medical Expenses: Compensation for current and future medical costs related to the injury.
  • Pain and Suffering: Non-economic damages for physical pain and emotional distress caused by the injury.
  • Lost Earning Capacity: If the injury impacts the minor’s ability to earn a living in the future, they may be entitled to compensation for diminished earning capacity.
  • Loss of Enjoyment of Life: Damages for the reduced quality of life resulting from the injury.

The Role of Parents or Guardians

Because minors cannot legally act on their own behalf in a personal injury case, a parent or legal guardian typically serves as the minor’s representative in the lawsuit. The parent or guardian can:

  • File the claim on the minor’s behalf
  • Act as the “next friend” to guide the litigation process
  • Approve or reject settlement offers, subject to court approval in certain cases

Florida law requires that settlements for minors be reviewed and approved by the court if the settlement exceeds a certain threshold, which ensures the minor’s best interests are protected.

Protection of Settlement Funds

Florida law includes safeguards to ensure that compensation awarded to a minor is protected and used solely for their benefit. These protections may include:

  • Court Approval of Settlements: For settlements exceeding $15,000, court approval is required. The court evaluates whether the settlement is fair and in the minor’s best interest.
  • Guardianship Requirements: If the settlement exceeds $50,000, a legal guardianship of the minor’s property may need to be established to manage the funds.
  • Structured Settlements: In some cases, the court may order a structured settlement, where funds are distributed in installments over time, ensuring that the minor receives financial support as they grow older.

Statute of Limitations for Minors

In Florida, the statute of limitations for personal injury cases is generally four years from the date of the injury. However, for minors, this timeline may be extended. Specifically:

  • The statute of limitations may not begin to run until the minor reaches 18 years old.
  • For medical malpractice claims, the statute of limitations is generally two years from the date the injury is discovered or should have been discovered but no later than four years after the incident occurred.

It’s important to note that exceptions and specific circumstances can alter these timelines, so consulting with a personal injury attorney is crucial.

Shared Parental Rights and Obligations

If the minor’s parents are divorced or separated, both parents may still have legal rights and responsibilities regarding the injury claim. For example:

  • Both parents may need to agree on settlement terms
  • Disputes between parents about handling the minor’s claim may require court intervention

Future Legal Rights

When a minor reaches the age of majority (18 years in Florida), they gain full legal rights to pursue any remaining aspects of their injury claim. For example:

  • If a claim was not filed on their behalf while they were a minor, they may file the claim themselves after turning 18, as long as it falls within the applicable statute of limitations.
  • They gain control over any remaining settlement funds or structured payments.

Right to Legal Representation

Minors are entitled to legal representation through their parent or guardian. Hiring an experienced personal injury attorney ensures that:

  • The minor’s rights are fully protected
  • A fair and appropriate settlement is reached
  • The legal process is handled efficiently and in compliance with Florida law

Contact a Florida Personal Injury Lawyer

If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients. 

Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.

Author Photo

Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.

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