Personal Injury Awards for Minors By William Chanfrau, Jr. on November 27, 2020

child at the playgroundWhen people are injured in an accident that was caused by another person’s recklessness or neglect, they have the right to seek financial compensation for resulting damages. However, when a minor is injured, things are a little more complex.

Minors, or those under the age of 18, are not legally able to file a claim, negotiate a settlement, or enter into a contract, so an adult needs to act on their behalf. Personal injury attorneys at Chanfrau & Chanfrau can help clients from Daytona Beach, FL, Palm Coast, FL, and surrounding areas negotiate personal injury awards for minors.

Who Can File a Claim for a Minor?

Since a minor cannot legally enter into a contract, they are unable to file a personal injury claim or accept a personal injury settlement. Instead, an adult needs to file a claim on their behalf. Individuals who can file a claim (or accept a settlement) on behalf of a minor include a parent, a legal guardian, or a guardian ad litem (a person appointed by the court to look out for the child’s best interest). When an adult files a claim for a minor, the court may need to approve any settlement offer that is accepted on the minor’s behalf.

How To File a Personal Injury Claim for a Minor

To file a claim on behalf of a minor, the acting guardian must file the claim with the court in the county where the minor lives. The claim must include:

  • The minor’s age, sex, and date of birth
  • The name of the petitioner and their relationship to the minor
  • A description of the claim, including details of the accident and the minor’s injuries

It is a good idea to hire a personal injury attorney prior to filing a claim for a minor. A knowledgeable attorney can assist in the filing process, and is essential to gathering the evidence needed to build a strong case so that the minor collects the full extent of the damages they are due.

What Types of Damages Are Due?

Minors typically do not bear the burden of financial damages related to a personal injury, but they still have the right to pursue financial compensation for these losses. In addition, minors can seek awards for the physical and emotional damages caused by an injury. Common damages in a personal injury lawsuit involving a minor includes:

  • Medical expenses
  • The cost of any hospitalization or surgery
  • Prescription medication costs
  • Rehabilitation and/or physical therapy costs
  • Loss of wage earning potential
  • Pain and suffering
  • Emotional trauma

What Happens to a Minor’s Personal Injury Awards?

When a personal injury settlement is reached, or when the court awards financial compensation to a minor, the amount of the settlement is typically split up into two parts. Any money that is awarded for medical and rehabilitation costs will be issued to the parent or guardian who is responsible for those expenses. The rest of the money is set aside for the injured minor. That portion of money should be placed in a trust, which will be made available to the child once they turn 18 years old.

Contact Our Practice

If your child has been injured in an accident caused by another person or party, you can act on their behalf to seek financial compensation for resulting damages. To learn more about your legal options, contact our practice online at your earliest convenience, or call our Daytona Beach office at (386) 258-7313 to schedule a consultation.

Related to This

Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

  • America's Top 100 Attorneys
  • The National Trial Attorneys Top 100 List
  • Florida Trend's Florida Legal Elite

For more information about our legal services, contact our firm online or call (386) 258-7313 today.

Contact Our Practice

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 701 N Peninsula Dr  Daytona Beach, FL

Daytona Beach Office

701 N Peninsula Dr
Daytona Beach, FL 32118

Open Today 8:00am - 5:00pm

Google map image of our location in 145 Airport Rd Ste A Palm Coast, FL

Palm Coast Office

145 Airport Rd
Ste A
Palm Coast, FL 32164

Open Today 8:00am - 5:00pm

What is the best time for you?

Add additional time

Which location would you prefer?

Tell us a bit about yourself...

(386) 258-7313 Send a message