PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA

Jason B. Goldman • April 14, 2022
PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA

When a minor is injured in Florida, special rules and laws apply to settling a minor’s personal injury claim.  Florida Statute 744.387 controls the settlement of all personal injury claims involving minors.  While this statute makes the settlement of a minor’s claim more complex and time consuming, its goal is to protect the minor from unscrupulous people, and make sure the proposed settlement is in the minor’s best interest (i.e. the settlement is fair).  Florida Statute 744.387 accomplishes these goals by requiring, in most instances, Court approval of a minor’s personal injury claim.

Many attorneys who handle personal injury claims for minors “hire out” and need assistance from a guardianship attorney to obtain Court approval for a proposed settlement of a minor’s personal injury claim.  At GOLDMAN, TISEO & STURGES, P.A., our attorneys not only resolve the minor’s underlying personal injury claim, but also shepherd the proposed settlement through the guardianship process without any outside assistance from other attorneys or law firms.  In cases involving minors, we handle our claims from start to finish, directly with you and your family.

A minor in Florida is anyone under 18.  A minor does not have the legal authority to settle their own personal injury claim, nor can they control settlement funds.  Minors are usually “represented” in their cases by parents, who are their legal guardians.  However, in situations involving the absence of a parent, or the absence of a suitable parent, a court can appoint another person to act as Guardian. 

The safeguards put in place for the protection of minors under Florida Statute 744.387 vary depending on the proposed settlement amount of the personal injury or wrongful death claim.  In short, the larger the claim value, the more safeguards are in place to protect the minor. Below is a list of the requirements of Florida Statute 744.387 when resolving the personal injury claim of a minor:

  Is Court Approval of Settlement Required?

  • Gross Settlement is $15,000.00 or less – If a lawsuit has not been filed yet – NO.
  • If a lawsuit has already been filed – YES.

Court approval is obtained by opening up a Guardianship for the minor.  A Petition for Approval of Minor’s Settlement with the Court is then filed. The Petition must contain all pertinent details of the case, such as the issues of liability and damages, the amount of the settlement, and the amount of attorneys’ fees and costs.

  • Gross Settlement is greater than $15,000.00, but less than $50,000.00 – YES.
  • Gross Settlement in excess of $50,000.00 – YES.

Is It Necessary to Appoint a Guardian of the Property?

  • Gross Settlement is $15,000.00 or less – NO.
  • Gross Settlement is greater than $15,000.00, but less than $50,000.00 – YES, but only if the net settlement (gross settlement minus attorneys’ fees and costs) exceeds $15,000.00 .
  • Gross Settlement in excess of $50,000.00 – YES, but only if the net settlement exceeds $15,000.00.

The Guardian of the Property, usually the minor’s legal guardian, is responsible for signing releases and collecting the net settlement proceeds. However, the Court (and not the Guardian of the Property) retains sole jurisdiction to determine how and where the minor’s net settlement funds will be held, and what they may be spent on.  The Court, and not the Guardian of the Property, controls and safekeeps the minor’s funds until the minor reaches the age of 18.  If the Guardian of the Property wants to access the minor’s funds, court approval is first required.  In granting or denying such a request, the Court will consider whether or not the request is in the best interests of the minor.

Is a Guardian Ad Litem Required?

  • Gross Settlement is $15,000.00 or less – NO.
  • Gross Settlement is greater than $15,000.00, but less than $50,000.00 – DISCRETIONARY WITH THE COURT.
  • Settlement Exceeds $50,000 – YES .

A Guardian Ad Litem is another attorney with personal injury case experience who, in essence, provides a “second opinion” to the Court as to whether or not a proposed settlement in a minor’s claim is in the child’s best interests or not.  The assigned Guardian Ad Litem will review the minor’s attorney’s file, interview the attorney, minor, and parents of the minor, and prepare a final report to the Court regarding their findings and opinions.

GTS is Here to Protect Your Family

If your child was involved in an accident caused by the negligence of another, learn how our Southwest Florida accident lawyers can help you and your family recover fair compensation.  Our experienced and compassionate team at GOLDMAN, TISEO & STURGES, P.A. will advise you how we can help you and your family during a FREE consultation.  Please call us at (941) 625-6666 or send us a message through our  contact us box available on our website here.  Whether you are a resident of Florida or were injured while visiting from out of state, our Florida personal injury lawyers can assist.

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Halloween Safety in Charlotte County: A Guide from GTS Law Firm

By Jason B. Goldman • October 21, 2025
Halloween is one of Charlotte County’s most festive traditions—costumes, candy, and community celebrations light up neighborhoods across Port Charlotte, Punta Gorda and beyond. But amid the fun, the risk of preventable accidents rises significantly. At GTS Law Firm, we believe being prepared protects not only your good times but also your rights if something goes wrong. Why Halloween Poses Extra Risks Increased pedestrian traffic – Children and families fill sidewalks and driveways, often emerging suddenly from between parked cars. Reduced visibility – Costumes, dusk lighting and unfamiliar routes can make it hard for drivers and trick-or-treaters alike to see each other. Distractions & altered terrain – Drivers might be focused on the festivities, while children may be carrying bulky bags or wearing masks that restrict vision. Top Safety Tips for Families & Drivers For families: Use flashlights or glow-sticks so children are visible. Choose costumes that fit well and use reflective tape or bright colors. Walk on sidewalks. If none are available, walk facing traffic and stay as far left as possible. Cross the street at intersections and look both ways before you step out. Inspect all candy at home before snacking—especially if younger children are involved. For drivers: Slow down in residential areas and approach driveways, curbs and sidewalks cautiously. Avoid distractions—phones, music or passing out candy should not take your focus from the roadway. Be extra vigilant between 5 p.m. and 9 p.m., when pedestrian traffic peaks in Charlotte County neighborhoods. Park safely so you don’t block crosswalks or create hidden zones where children may step into traffic. What This Means If an Accident Happens Even when we all take precautions, accidents still happen. If your child is injured, or you’re involved in a collision while trick-or-treating, the same principles apply as in any personal injury claim in Florida: duty, breach, causation and damages. At GTS Law Firm, we’ve handled cases across Charlotte County where visibility, distraction or faulty premises played a role. Our team can help you understand if you may have a claim and guide you through the legal steps. Final Thoughts Halloween is meant to be fun—and with a little planning, it can be safe too. Whether you’re handing out candy or driving home afterwards, be alert and respectful of your neighbors. GTS Law Firm is proud to serve the Charlotte County community—not just when something goes wrong, but every day we help you stay safe and informed. If you or a loved one is injured due to another party’s negligence, we’re here to help. Please call (941) 625-6666 or visit our website to schedule a free consultation. Wishing everyone a spooky and safe Halloween from your local team at GTS Law Firm.

Who’s at Fault for Trick-or-Treat Accidents in Charlotte County, Florida?

By Jason B. Goldman • October 21, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Out-of-State Defendant for a Personal Injury Case

By Jason B. Goldman • September 8, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Driving Habit Accidents: How Everyday Choices Can Put You at Risk

By Jason B. Goldman • September 8, 2025
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react.  Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666