What Should I Do If My Child Was Injured in a Miami Car Accident—Does the Legal Process Work Differently?

Yes. If your child is injured in a car accident in Florida, the legal process does work differently in several important ways. As a Car accident lawyer in Miami, we handle these cases with additional care because they involve minors, parental rights, and court protections.

Immediate Steps to Take After the Accident

If your child was injured in a crash:

• Seek medical attention immediately, even if injuries seem minor
• Follow all recommended treatment and keep records
• Take photos of injuries, vehicles, and the accident scene
• Obtain a police report
• Avoid discussing fault with insurance companies before speaking to a lawyer

Prompt action is critical, not just for health, but for protecting your child’s legal rights.

Who Files the Claim for an Injured Child?

The Miami car accident lawyer for injured child accidents understands that a minor cannot file a lawsuit on their own. Instead:

• A parent or legal guardian must file the claim on the child’s behalf
• The claim is typically brought as a “next friend” or guardian action

At The Perazzo Law Firm, we guide families through this process to ensure everything is properly handled from the start.

Types of Compensation in a Child Car Accident Injury Case

These cases are unique because damages may be divided between the child and the parent:

The Child May Recover:

• Pain and suffering
• Future medical expenses
• Long-term or permanent injuries
• Loss of future earning capacity

The Parent May Recover:

• Medical bills incurred before the child turns 18
• Out-of-pocket expenses related to the injury

A Car accident lawyer in Miami will structure the claim correctly to maximize recovery for both.

Court Approval for Settlements

In Florida, settlements involving minors often require court approval, especially if:

• The settlement exceeds a certain amount
• Funds are being held for the child’s benefit

The court’s role is to ensure the settlement is fair and protects the child’s long-term interests.

In some cases:

• Funds may be placed in a guardianship account
• Or structured to be accessed when the child turns 18

How Florida’s Insurance System Applies

Florida’s no-fault system still applies to children:

• Personal Injury Protection (PIP) may cover initial medical bills
• The child may also be covered under a parent’s insurance policy

However, serious injuries may allow a claim beyond PIP against the at-fault driver.

Statute of Limitations for Minors

Florida law can extend deadlines for minors:

• The statute of limitations may be tolled (paused) until the child reaches adulthood in certain cases
• However, parents’ claims (such as medical expenses) may still have standard deadlines

This is a critical detail that a Car accident lawyer in Miami will evaluate early.

Why These Cases Require Special Handling

Cases involving children are not just standard injury claims. They involve:

• Additional legal safeguards
• Complex insurance issues
• Long-term medical and financial considerations

At The Perazzo Law Firm, we regularly handle these cases and ensure that both the child’s future and the family’s financial recovery are protected.

Key Takeaway

A Car accident lawyer in Miami will always tell you:

When a child is injured, the case is not just about immediate recovery, it’s about protecting their future. The legal process includes additional steps, but those steps are designed to safeguard your child’s best interests.

Need Help After a Child Injury Accident in Florida

If your child was injured in a Miami car accident, it’s important to act quickly and carefully.

At The Perazzo Law Firm:

• Free consultation
• Available 24/7
• No out-of-pocket fees

Call 888-PERAZZO
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