How is a Child Injury Lawsuit Different from an Adult Injury Case?

A child injury lawsuit differs from an adult injury case in terms of court-mandated protections. For example, in a child injury lawsuit, a parent, guardian, or guardian ad litem can request compensation on behalf of a minor. Or, the statute of limitations for a child injury lawsuit can be paused until the child turns 18. 

Get legal help if you want to file a lawsuit on behalf of your child. A child injury lawyer in Fort Myers can detail your legal options. They can review your case and explain the differences between a child injury case and an adult injury lawsuit. If you decide to file a child injury lawsuit, your lawyer will provide genuine care and support throughout each stage of your case.  

How Does a Child Injury Lawsuit Differ from an Adult Injury Case in Florida?

Consult with a personal injury attorney with relevant case experience as you debate whether to seek compensation from anyone responsible for harming your child. Your lawyer will provide insights into the many differences between child injury lawsuits and adult injury cases in Florida, including:

Tolling of the Statute of Limitations for Minors

Generally, if a child or adult is injured due to someone else’s actions, Florida’s statute of limitations for filing a personal injury claim or lawsuit against the liable party is two years. However, for minors, the statute of limitations can be tolled until they turn 18. Thus, a minor may have until they turn 20 to seek damages from anyone who caused them to get hurt. 

Legal Representation

If you’re an adult who wants to sue someone for injuries that they cause, you have the right to do so at any time within the statute of limitations. Alternatively, if you’re a minor, you can’t file a lawsuit by yourself until you turn 18. To submit a lawsuit before turning 18, a minor will need a parent, guardian, or court-appointed guardian ad litem to take legal action for them.

Modified Comparative Negligence

Kids under 6 are often considered incapable of negligence. Meanwhile, children age 6 and older and adults may be subject to modified comparative negligence. Due to this, a court could award partial damages in cases involving kids 6 and up and adults if the plaintiff is 1-50% at fault. If the plaintiff in one of these cases is 51% or more to blame, the court will not award damages. 

Meet with an attorney if you want to learn about the difference between contributory and comparative negligence and other legal topics that apply to your child injury case. If warranted, your lawyer will file your child injury lawsuit in alignment with Florida law. Plus, they will position you to obtain fair compensation based on the losses that you incur due to your child’s injuries. 

How is a Child Injury Lawsuit Similar to an Adult Injury Case?

Regardless of whether you proceed with a child injury lawsuit or an adult injury case, the goal of your legal action remains the same. As the plaintiff, you want to get compensatory damages for pain and suffering, medical bills, and other losses. Your lawyer will teach you about the types of damages that you are entitled to and build your case for them accordingly. 

To recover economic and non-economic damages in a child injury or adult injury lawsuit, you will have to prove negligence. Doing so will require you to show a judge or jury that the defendant acted carelessly or recklessly by doing something like engaging in distracted driving or failing to maintain safe premises, causing harm and damages.

Your lawyer will describe the timeline for your personal injury case and how child injury and adult injury lawsuits can be resolved via settlement negotiations. In your child injury or adult injury case, your personal injury attorney will negotiate a settlement with a liable party or their insurance company. By accepting a settlement, you will resolve your case without a trial. 

Factors to Consider With Child and Adult Injury Cases

As you think about how child injury lawsuits are different from adult injury lawsuits, ask for legal help from an attorney with a track record of success in cases similar to yours. Your lawyer will look at the specifics of your case and describe what to do if you want to get compensation from a liable party. They will also advise you to account for various factors, such as:

• Legal capacity and representation: Minors can’t file lawsuits by themselves, but a parent, guardian, or guardian ad litem can pursue compensation for them. As an adult, you can file a lawsuit within the statute of limitations. 
• Statute of limitations: The statute of limitations for a child injury case could extend until a plaintiff turns 20. On the other hand, for adults, the statute of limitations for most personal injury cases is two years, and this window is unlikely to be extended. 
• Settlement approval: A Florida court will have to approve the settlement in a child injury case if the gross amount exceeds $15,000 to verify that it aligns with a child’s best interests. In an adult injury case, the court will not have to approve a settlement. 

Speak with personal injury lawyers about how child injury lawsuits differ from adult injury lawsuits. Your attorney will determine if you have grounds for a child injury case. If so, they can file your compensation request promptly. 

The Bottom Line on How a Child Injury Lawsuit Is Treated Differently from an Adult Injury Case

Ultimately, there are stark differences between child injury cases and adult injury lawsuits. If you want to move forward with either of these options, it pays to have a personal injury attorney familiar with both types of cases. This gives you access to a legal representative and advocate who will help you make informed legal decisions consistently. 

The legal team at Viles & Beckman has recovered more than $100 million in compensation for our clients. If you want information about how a child injury lawsuit is different from an adult injury lawsuit, we are here to help. Contact us today.