Child Injuries Lawyer
Vero Beach, FL
As parents, one of our biggest goals in life is to keep our kids safe and healthy. Unfortunately, accidents and injuries are a part of childhood. Your child might crash their bike, fall while running around your yard, or be hurt in an accident caused by another person.
If a child is hurt in an accident, then they may be entitled to financial compensation for their losses. Because children can’t file a lawsuit themselves, these claims are typically filed by their parents or someone appointed by the court. Through a personal injury lawsuit, an injured child can recover financial compensation for their medical bills, pain and suffering, emotional trauma, and even lost earning capacity if they are permanently disabled.
At Gould Cooksey Fennell, our Vero Beach personal injury lawyers are adept at handling child injury cases. We understand the unique legal issues presented by child injury cases and work with parents to help them get justice for their kids. Contact our law firm today to schedule a free initial consultation with a Florida child injury attorney.
How Common Are Child Injuries?
At some point during childhood, everyone suffers some type of injury. Perhaps you suffered plenty of skinned knees as a child or broke your arm jumping off of a swing in your backyard. In many cases, these injuries can be chalked up to kids being impulsive or clumsy – but sometimes, they are caused by another person.
According to the Centers for Disease Control and Prevention (CDC), the most common causes of child injuries include:
- Motor vehicle accidents
- Bicycle accidents
- Falls
- Drowning
- Suffocation
- Fire/burns
- Accidental poisoning
Child injuries can happen anywhere, such as parks and playgrounds, the beach, swimming pools, school, or even in your own home. For example, a child may be hurt after falling off unsafe playground equipment. They may also suffer an injury due to inadequate supervision at a school or daycare.
Many children suffer serious – or even fatal – injuries in these accidents. This may include broken bones, spinal cord injuries, traumatic brain injuries, lacerations and puncture wounds, internal organ damage, neck and back injuries, and burns.
If your child has been hurt in an accident, you may be able to file a personal injury lawsuit. Our law offices can help you with the process, starting with a free initial consultation where we will explain your rights and options.
Who Can File a Lawsuit for a Child Injury in Florida?
In Florida, children under the age of 18 lack the legal capacity to file a lawsuit on their own behalf. As a result, if a child is injured, then someone else typically has to file a lawsuit for them.
Under Florida law, a child’s natural guardians can file a legal action to recover damages for an injury. Natural guardians include biological and adoptive parents. In some cases, a court may appoint someone else to bring a lawsuit instead of a child’s parents. This may happen in situations where it is not in a child’s best interests for the parents to act on their behalf.
If the parents of an injured child file a personal injury claim, then they can settle it without court approval if the settlement does not exceed $15,000. They can then manage the settlement and use the money for the best interests of the child. If the settlement is for more than $15,000, then the court must approve it.
Finally, the Florida statute of limitations for filing a personal injury lawsuit is different for minors. Typically, an injury victim must file a claim within 2 years of the date of the accident. If a child is injured, however, the statute of limitations can sometimes pause (tolled) – which effectively extends the statute of limitations to 7 years. Determination of the statute of limitations is made on a case by case basis.
If you are unsure of your rights when it comes to filing a child injury claim, our Vero Beach child injury lawyers can help. We offer free consultations where we will listen to your story and help you decide whether to file a claim.
Proving Liability in a Child Injury Claim
Child injury lawsuits fall into the broad category of personal injury law. Depending on the facts of the case, you may file a personal injury lawsuit, a premises liability lawsuit, or a product liability lawsuit.
In a typical personal injury lawsuit, you must prove that the at-fault party caused your child’s injuries through negligence (carelessness), recklessness, or intentional conduct. For example, if another driver sideswiped your car and your child was hurt, you could file a personal injury lawsuit for the car accident.
Premises liability claims are brought when someone is hurt on someone else’s property because of a dangerous condition – such as slipping and falling on wet tile. For children, property owners have a higher degree of responsibility if they have what is known as an “attractive nuisance.” Generally, if a property owner has something potentially dangerous that is really appealing to children – like a pool – then they have to take steps to protect against a child getting access to it and getting hurt.
Product liability claims are filed when a person is hurt due to a dangerous or defective product. For example, if your child crashes their bike because the brakes are faulty, then you might be able to file a product liability claim against the manufacturer, retailer, and/or distributor.
All three types of claims are considered personal injury lawsuits. However, the standard of proof is slightly different for each. Your Vero Beach child injury attorney can help you understand your rights and options when it comes to pursuing a claim.
Proving liability for any type of personal injury case starts with investigating the underlying facts. Our legal team will interview witnesses, seek photos and videos of the accident scene, review medical records and incident reports, and analyze the at-fault party’s insurance policies. We will also perform legal research to build the strongest possible case for liability.
Most personal injury cases are resolved outside of the courtroom. It may be necessary to file a lawsuit to protect your child’s legal rights. However, in most cases, you won’t have to go to trial. Your child injury lawyer will keep you updated on the status of negotiations and whether litigation may be necessary.
Compensation in Florida Child Injury Cases
In a personal injury case, you may be able to recover financial compensation for all of your losses. This compensation is referred to as damages. It is broken down into two categories: compensatory damages and punitive damages.
As the name suggests, compensatory damages compensate an accident victim for their losses. They include economic damages and non-economic damages.
Economic damages pay for direct financial losses. In a child injury case, this may include money for medical expenses, property damage, and future medical treatment. In some cases, it may also include lost wages if the child works – or reduced earning capacity if the child’s injuries will affect their ability to work in the future. In addition, parents may seek compensation for their own lost wages and reduced earning capacity if they have to take time off of work to care for their child.
Non-economic damages pay for indirect losses, which are just as important as economic damage (even if they don’t come with a bill or invoice). Examples of non-economic damages include emotional distress, pain and suffering, loss of enjoyment of life, scarring, and disfigurement.
Punitive damages may be awarded in more unusual cases where the at-fault party acted intentionally or recklessly – such as a drunk driving accident. Punitive damages are capped in Florida. If they are awarded, it will be capped at the greater of 3 times compensatory damages or $500,000.
In almost every case, the insurance company’s initial settlement offer will be for a fraction of the true value of the case. Their goal is always the same: to resolve the case for as little money as possible. Our goal is exactly the opposite: to resolve the case for as much money as possible. If you want to get maximum compensation for your child, our Vero Beach child injury lawyers will fight to get you the money that you deserve.
Help for Injured Children
If your child is injured in an accident, you might be scared and unsure of your rights. Our law firm can guide you through the process, beginning with a free initial consultation. We will advocate for you and your child, helping you achieve the best possible outcome for your claim.
Based in Vero Beach, Gould Cooksey Fennell represents accident victims throughout Florida’s Treasure Coast – including children. We have significant experience handling child injury cases, working hard to help our clients get maximum compensation. To learn more or to schedule a free consultation with a Vero Beach child injury attorney, give us a call at 772-742-5205 or fill out our online contact form.
Can I File a Child Injury Claim If My Child Was Abused?
Yes. If your child was intentionally hurt – such as by a caregiver or teacher at school – then you can pursue legal action against them. You may even be able to bring a claim against the school, daycare, or other company that employed the worker. A personal injury lawsuit is a civil matter that is separate from any criminal charges that may be brought against them.
These cases can be especially emotionally challenging for parents. As a law firm, our goal is to help you through the process with patience and compassion – and to help you get justice for your child. Reach out to Gould Cooksey Fennell to schedule a free consultation with a Vero Beach child injury lawyer.
My Child Was Hurt at School. Can I File a Lawsuit Against the School District?
Yes, if your child was hurt at school because of negligence (carelessness), then you can potentially file a lawsuit against the school. However, when it comes to public schools, there is a special procedure that must be followed when filing a lawsuit against a government entity. Florida public schools have sovereign immunity, which can limit the amount of compensation available in child injury cases (with some exceptions).
If your child was injured while at school, then it is important that you reach out to a lawyer sooner rather than later. There is a shorter time period for filing a claim against a government agency and different rules for pursuing a claim. Contact Gould Cooksey Fennell to talk to a Florida child injury attorney about your case.
What Should I Do If My Child Has Been Injured?
The first thing that you should do if your child has suffered an injury is to get them medical attention. Getting medical treatment sooner rather than later is the best way to make sure that they can recover from their injuries. It also helps to establish a link between the accident and their injuries, which is important for any potential legal claims.
When you are able to do so, you should reach out to an experienced Vero Beach child injury attorney. They can help you understand your rights and options for filing a lawsuit against the at-fault party. Call Gould Cooksey Fennell today to schedule a free consultation with a member of our legal team.
Detailed Medical Knowledge
Cutting-Edge Technology
Modern Trial Techniques
FREE PERSONAL INJURY CONSULTATION
INJURED IN A CAR ACCIDENT?
- No Fee Until We Win
- $150M+ in Recent Personal Injury Verdicts & Settlements
- U.S. News & World Report Best Law Firms for 10 Consecutive Years
Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable CAR ACCIDENT Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
PERSONAL INJURY LAW SERVICES
HELPFUL CONTENT
WHY CHOOSE US
OVER 65 YRS OF LEGAL EXPERTISE
$150M+
Recent Personal Injury Verdicts & Settlements
REQUEST A CALL WITH A PERSONAL INJURY LAW PROFESSIONAL
* Our attorneys and staff value your privacy and will not share your personal information with any third-party entities.