PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA

Jason B. Goldman • Apr 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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Navigating Your Rights: Understanding Personal Injury Claims in Florida Boating Incidents

By Jason B. Goldman • 05 May, 2024
With Charlotte Harbor waters as a prime location for boating enthusiasts, understanding the intricacies of personal injury claims arising from boating accidents is essential for our community. GTS Law Firm, rooted deeply in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port, brings forth insights and advice for those finding themselves in the unfortunate aftermath of a boating accident. How Do Boating Injury Claims Differ? Boating accidents in Florida present unique challenges compared to other personal injury claims. Given the potential for significant damages, these cases often see rigid resistance from insurance entities. The intricate nature of injuries demands a comprehensive legal approach, emphasizing the necessity of expert maritime knowledge. The Role of Maritime Law Maritime law is at the forefront when dealing with boating and jet ski accidents, introducing various complexities, such as determining the rightful jurisdiction. This specialized area necessitates a profound understanding to navigate successfully. Classification and Causes of Boating Accidents In Florida’s legislative landscape, jet skis are indeed considered boats if they meet specific criteria. Recognizing the common causes of boating mishaps, from reckless operation to boating under influence (BUI), is crucial for building a strong legal case. The Vitality of Legal Representation Experiencing a boating accident can be overwhelming, entangled with complex legal proceedings. GTS Law Firm is committed to extending unparalleled legal assistance, drawing from our extensive expertise in personal injury and maritime law. Our approach is personalized, acknowledging each client's unique journey towards seeking justice. For those navigating the aftermath of a boating accident, remember, you’re not alone. Our empathetic team at GTS Law Firm is here to offer guidance, support, and representation. To discuss your case or for more insights into boating personal injury claims in Florida, connect with us. www.gtslawfirm.com (941) 625-6666.

Understanding Florida's Dram Shop Law: A Guide for Victims of Drunk Driving Accidents

By Jason B. Goldman • 05 May, 2024
Florida's roads should be a haven of safety, not a battleground of reckless decisions. At GTS Law Firm, we stand with victims of drunk driving accidents, advocating for justice and rightful compensation. Today, we're shedding light on a lesser-known aspect of Florida law that might give victims another avenue for seeking that justice: Florida Statute 768.125, more commonly known as the Dram Shop Law. The Law's Limitations Importantly, the statute comes with limitations. Under normal circumstances, an establishment cannot be sued for providing alcohol to a legally aged drinker. However, the law makes two essential exceptions: If alcohol is knowingly provided to a person who is not of lawful drinking age If alcohol is knowingly provided to someone recognized as habitually addicted to alcohol Should these individuals cause an accident leading to injuries or other damages, the establishment could then be liable. Scope of the Law The Florida courts have clarified the scope of the Dram Shop Law; it predominantly applies to establishments selling alcohol for immediate consumption. This means restaurants, bars, and casinos are typically those in focus. Conversely, the law does not traditionally apply to liquor stores or other vendors selling alcohol intended for later consumption. Social hosts are generally exempt from liability regarding their adult guests' alcohol consumption. However, should a social host serve alcohol to minors, they could face severe repercussions, including fines and jail time. Pursuing Damages in a Dram Shop Case Victims must prove that an establishment knowingly served a minor or an addicted individual. Recovery in a dram shop case can include: Lost wages Medical expenses Pain and suffering Property damage Our aim at GTS Law Firm is not just to support you in litigating against the direct perpetrator, but also to explore every legal avenue that can bring you closer to full and fair compensation. Comprehensive Legal Support with GTS Law Firm If you or someone close to you has suffered due to a drunk driving incident, know that you may have more options for recovery than you think. GTS Law Firm's experienced attorneys can provide you with the legal guidance necessary to navigate these complex scenarios. Contact us for a personalized consultation and let us help you on your journey to justice. www.gtslawfirm.com (941) 625-6666.

Understanding the Process Behind Police Investigations in Fatal Car Accidents in Charlotte County

By Jason B. Goldman • 07 Apr, 2024
Navigating the immediate aftermath of a fatal car accident is a challenging experience for those involved. At Goldman, Tiseo and Sturges (GTS) Law Firm, our heart goes out to every individual and family affected by such tragic events. We believe in providing our community with the knowledge and legal guidance they need to navigate these difficult times. One crucial aspect that families often find themselves needing to understand is how police investigations of fatal car accidents work, especially here in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port. Police investigations serve a critical role in determining the circumstances surrounding any car accident. In the unfortunate event of a fatal collision, these investigations become even more paramount. They seek to uncover the sequence of events leading to the accident, identify any possible violations of traffic law, and understand the contributing factors, such as speed, intoxication, or distracted driving. The process typically follows several key steps: Immediate Response: Law enforcement officers are dispatched to the scene as soon as a fatal car accident is reported. Their primary focus is to secure the area, provide necessary aid, and ensure safety for all involved and the general public. Evidence Collection: Officers meticulously document the scene. This can include taking photographs, measuring skid marks, and collecting any physical evidence from the site. Eyewitness statements are also gathered at this time. Analysis: The collected evidence is analyzed to piece together the moments before the crash. Specialized units, such as forensic teams or accident reconstruction experts, may be brought in to assist with this part of the investigation.  Reporting: A detailed report is compiled, summarizing the findings of the investigation. This report can play a crucial role in any legal proceedings that may follow, as it often contains the investigation's conclusions about fault and contributing factors. At GTS Law Firm, our seasoned attorneys, backed by AV-rating from Martindale Hubbell, deeply understand the local laws and nuances of navigating such complex investigations. We're committed to providing compassionate, personalized legal representation to help our clients find justice and closure. If you or a loved one has been affected by a fatal car accident, we encourage you to reach out for a free consultation. Let our hometown attorneys with national recognition guide you through these challenging times with the expertise and care you deserve. For more information or to schedule a consultation, visit our website at gtslawfirm.com or contact us at (941) 625-6666.

Assessing the Risk of Car Accidents in Charlotte County: Stay Informed with GTS Law Firm

By Jason B. Goldman • 07 Apr, 2024
At the Goldman, Tiseo & Sturges Law Firm, we often encounter clients who ask, "What are the chances I'll be involved in a car accident here in Charlotte County?" It's a question that's on the minds of many of our community members as they navigate the roadways of Port Charlotte, Punta Gorda, Englewood, and North Port. While there's no crystal ball to predict everyone’s likelihood of experiencing a car accident, several factors can affect these odds, including regional traffic conditions, seasonal population increases, and local infrastructure. As your hometown legal team deeply rooted in Charlotte County, we understand these dynamics firsthand and are well-versed in the patterns and trends that can impact driving safety in our area. Statistics from traffic authorities offer insights into accident rates, which can vary from year to year. Factors such as distracted driving, road construction, and weather conditions all play a role in the number of collisions on our roads. But numbers only tell part of the story. At GTS Law Firm, we know that behind every statistic is a person – a neighbor, a friend, a family member. That's why we stress the importance of cautious and attentive driving every time you get behind the wheel. We also emphasize the value of being informed and prepared. Knowing local traffic laws, understanding your vehicle's safety features, and staying aware of common hazards can all decrease the likelihood of finding yourself in a collision. However, should you unfortunately find yourself involved in a car accident, rest assured that GTS Law Firm is here to help. Our experienced attorneys provide premier legal guidance with a personal touch, reflecting our deep commitment to the welfare of our clients and community. Our firm is the only multi-member law firm in our area where every attorney is AV-rated by Martindale Hubbell, signifying a dedication to excellence in service and legal expertise. If you've been in a car accident, or if you want to be proactive in understanding your rights on the road, reach out to GTS Law Firm for a free consultation. Our legal team is standing by to provide you with the personalized attention and representation you deserve. Let our hometown attorneys with nationwide recognition be your advocates, whether you're seeking to navigate the legal aftermath of an accident or simply looking to arm yourself with knowledge to prevent one. For proactive protection or dedicated representation, contact us at (941) 625-6666 or visit our website at gtslawfirm.com
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