Personal Injury Lawyer Clermont

Accidents in Clermont can lead to serious injuries and unexpected expenses, but help is available. The personal injury lawyers at Donaldson & Weston are dedicated to protecting the rights of injury victims and securing the compensation they need. Call 407-537-6991 for a free consultation to discuss your case with a skilled legal professional.

Our personal injury services in Clermont include:

• Motorcycle Accidents
• Car Accidents
• Truck Accidents
• Pedestrian Accidents
• Slip and Falls

Can You File a Personal Injury Claim for a Child in Florida

When a child gets hurt due to someone else’s negligence, it’s more than just a physical injury—it often affects the entire family. From medical bills to emotional distress, parents are left dealing with the aftermath while trying to ensure their child recovers. In Clermont, if your child has been injured in an accident, you may have the right to pursue a personal injury claim on their behalf.

Bringing a claim for a minor works a little differently than it does for an adult. There are additional steps and legal safeguards in place, designed to protect the child’s interests. Knowing how the process works can help you take the right steps and avoid unnecessary delays.

Who can file the claim

Children under 18 cannot file personal injury lawsuits on their own. Instead, a parent or legal guardian must file the claim on the child’s behalf. This person is known as the “next friend” of the child in legal terms. Their role is to advocate for the child and ensure the claim is handled in a way that serves the child’s best interests.

In some cases, both parents may be involved in the process. However, only one person typically needs to act as the official representative in the claim.

Common types of child injury claims

Children can be injured in many of the same ways as adults, but some accidents are more common among younger age groups. These include:

• Car accidents, including when the child is a passenger or pedestrian 
• School or daycare injuries caused by unsafe conditions or lack of supervision 
• Playground accidents on poorly maintained equipment 
• Dog bites 
• Medical errors involving pediatric care 
• Product defects related to toys, furniture, or car seats

Each of these scenarios can give rise to a personal injury claim, depending on the circumstances and who is responsible for the injury.

What damages can be recovered

When you file a claim for a child, the goal is to recover compensation that addresses both immediate and long-term effects of the injury. Some of the damages you can pursue include:

• Medical bills, including emergency care, surgeries, and follow-up visits 
• Future medical needs, such as physical therapy or long-term treatment 
• Pain and suffering, including emotional distress and trauma 
• Loss of quality of life 
• Disfigurement or permanent disability

In some situations, parents can also seek compensation for the time they had to take off work or other out-of-pocket expenses related to the child’s care.

The role of medical evidence

As with any personal injury case, medical records are critical. These documents show the extent of the injury, the treatment required, and the potential for long-term effects. It’s important to take your child to a doctor right away after an accident and to follow through with all recommended treatment.

Consistent documentation not only supports the claim—it also ensures your child is receiving the care they need. In complex cases, expert medical testimony may also be needed to describe how the injury could affect the child later in life.

Court approval for settlements

Florida law requires court approval for settlements involving minors when the total amount is $15,000 or more. This is to make sure the agreement is fair and in the child’s best interest. In many cases, the court will appoint a guardian ad litem—a neutral third party who reviews the settlement and reports back to the judge.

If the court approves the settlement, the funds may be placed in a structured trust or annuity that the child can access when they turn 18. This is done to protect the money until the child is old enough to manage it responsibly.

Time limits for filing

The statute of limitations in Florida generally gives you four years from the date of the injury to file a personal injury claim. However, when the victim is a minor, the rules can differ slightly. In many cases, the clock doesn’t start running until the child turns 18, giving them until age 22 to file their own claim. Still, it’s usually in the family’s best interest to pursue the claim sooner rather than later.

Waiting too long can make it harder to gather evidence, track down witnesses, or preserve key details. An experienced personal injury lawyer in Clermont can explain how the statute applies to your specific situation.

Why Legal Help is Important

Personal injury claims involving children can become complicated quickly. Between court approvals, structured settlements, and questions about future care, families often benefit from working with a lawyer who understands the unique aspects of these cases.

An attorney can guide you through each step, from gathering evidence and valuing the claim to negotiating with insurance companies and ensuring that any settlement protects your child’s future.

How to support your child’s claim

If your child has been injured, there are a few key steps you can take to help build a strong case:

• Seek medical treatment right away – Prompt care ties the injury to the incident. 
• Keep records – Save medical bills, prescription receipts, and notes from doctors. 
• Take photos – Document the injury, the accident scene, and anything else that may be relevant. 
• Write things down – Note how the injury affects your child’s mood, school performance, or daily routine. 
• Talk to an attorney early – The sooner you get legal help, the better your chances of a smooth process. 

What to expect during the claim process

Once a claim is filed, your lawyer will likely begin negotiations with the insurance company. This may include sharing medical records, photos, and any other proof of liability. If a fair settlement can’t be reached, the case may move into litigation.

Most claims settle before trial, but if a lawsuit becomes necessary, your lawyer will handle the paperwork, deadlines, and courtroom procedures. Your focus can remain on helping your child recover.

Clermont Personal Injury Attorney: Legal Guidance You Can Trust

Accidents in Clermont can be life-altering, but you don’t have to go through the legal process alone. The personal injury attorneys at Donaldson & Weston are here to offer honest advice and aggressive representation. Call 407-537-6991 to set up your free consultation and take control of your recovery journey.