Few things are more terrifying for a parent or guardian than receiving a call that their child has been involved in a car accident. In a fast-growing city like Tampa—where heavy traffic, frequent construction, distracted drivers, and unpredictable weather can all increase the risk of collisions—children are especially vulnerable. While adults may know how to respond and advocate for themselves after a crash, children rely entirely on their caregivers to ensure their safety, recovery, and legal protection.
Unfortunately, the legal system doesn’t treat child injury claims the same as adult cases. Florida law recognizes that minors lack the legal capacity to make decisions or file lawsuits on their own, which means the burden falls on parents or legal guardians to navigate a complex legal landscape. This includes not only seeking medical care and emotional support but also understanding special procedures related to settlements, court approvals, and long-term planning.
Moreover, injuries sustained in car accidents—whether physical or emotional—can have long-lasting impacts on a child’s development, education, and overall well-being. Parents must act quickly, not only to get the medical treatment their child needs but also to safeguard their child’s legal rights and future.
This guide is designed to help families in Tampa understand the unique legal considerations involved when a minor is injured in a motor vehicle accident. Whether your child suffered a broken bone, a concussion, or emotional trauma, it’s essential to know your rights and responsibilities under Florida law. From understanding how the legal system treats minors, to the role of a personal injury lawyer and the steps you must take immediately after an accident—this comprehensive resource is here to support and empower you during one of the most difficult times a parent can face.
If you’re searching for a Tampa car accident attorney or exploring your options for filing a personal injury claim for your child, this article will provide the clarity and guidance you need to move forward with confidence.
What Is a Minor?
Under Florida law, a minor is anyone under the age of 18. Minors are not legally permitted to file lawsuits or enter into binding contracts on their own. For this reason, a parent or legal guardian must represent them in any legal matters, including personal injury claims resulting from a car accident.
Why This Matters After a Car Accident
Because minors cannot legally advocate for themselves, parents or guardians must act promptly to ensure that their child’s legal rights are protected. This includes pursuing compensation, ensuring medical care is documented, and possibly navigating court approval for any financial settlements.
Children’s bodies are still developing, which makes them more susceptible to certain injuries than adults. These can have long-term physical and emotional consequences. Common injuries include:
According to the CDC, car accidents are among the leading causes of death and injury for children in the U.S. Early intervention—both medically and legally—can have a lasting impact on a child’s recovery and future.
1. Statute of Limitations May Be Extended
Florida typically allows four years to file a personal injury claim. However, when the injured person is a minor, this timeline can be extended. In many cases, the clock doesn’t start ticking until the child turns 18. Despite this extension, it is still wise to begin legal action early to preserve evidence and strengthen your case.
2. Court Approval for Larger Settlements
When a settlement for a minor exceeds $15,000, Florida law requires court approval. This is to ensure the settlement is in the child’s best interests. The court process may involve:
3. Florida’s Comparative Negligence Law
If a child is partly responsible for the accident—such as crossing the street unsafely—Florida’s comparative negligence rules apply. However, courts take the child’s age and maturity level into account when evaluating fault.
In 2022, a 15-year-old girl was injured in a rear-end collision in Tampa caused by a distracted driver. Her injuries included a fractured pelvis and ongoing mobility issues. Her family worked with a Tampa car accident attorney to pursue compensation. Because the settlement exceeded $15,000, court approval was required.
A structured settlement was arranged to cover the girl’s medical expenses, future therapy, and a portion of her college tuition. This type of settlement ensured her long-term financial stability and complied with all state requirements.
In the unimaginable event that a child dies in a car accident, Florida law allows surviving parents to pursue a wrongful death claim. A qualified wrongful death lawyer in Tampa can guide families through this painful process with compassion and professionalism.
Recoverable damages may include:
These cases are emotionally complex and legally nuanced, making it vital to work with an experienced legal team.
When researching Tampa car crash lawyers or personal injury law firms near you, look for:
Use search terms like:
These can help you identify firms that handle cases like yours.
At Inkelaar Law, we understand that your child’s safety and future are priceless. Our Tampa personal injury attorneys have years of experience helping families navigate the difficult aftermath of vehicle accidents involving children.
We offer:
Whether your child sustained a minor injury or your family is dealing with a devastating loss, we are here to advocate for your child’s rights and your family’s peace of mind.
You don’t have to face this journey alone. If your child has been hurt in a Tampa car accident, get the guidance and legal support you need.
Call Inkelaar Law at (813) 722-0622
Visit us at 2503 W Swann Ave, Ste 111, Tampa, FL 33609
Or book your free consultation online today
Your child’s future deserves nothing less than dedicated legal protection and compassionate care.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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