The car accident lawyers in Miami at the Perazzo Law Firm remind parents that when your child is injured in a Florida car accident, the child does not bring the claim — a parent or legal guardian brings it on the child’s behalf. Depending on the amounts involved, a court may have to approve the settlement, and a guardian may have to be appointed before the money can be accepted. Contrary to what most parents assume, the two-year filing deadline generally starts on the day of the crash, not on the child’s eighteenth birthday.
In late July 2026, Florida Highway Patrol announced DUI charges, including DUI causing serious bodily injury, against a driver in connection with an earlier crash on I-95 in Miami-Dade in which three children were hurt, one seriously; the matter was reported by Local 10 News. Those charges are allegations, the case is pending, and nothing here is an opinion on it. What follows is general information about how Florida law handles a minor’s claim.
Who actually brings the claim when a child is hurt
A minor cannot file a lawsuit or sign a settlement in Florida. The claim belongs to the child, but a parent or legal guardian pursues it on the child’s behalf. The parent signs the paperwork and deals with the insurer, but the child is the one whose recovery is at stake — and Florida law is built to keep it that way.
That structure drives everything else: settlement authority, court oversight, and how the money is held. It is why many parents talk to a Florida child injury attorney before signing what an adjuster hands them.
Why a court often has to approve a child’s settlement
Florida uses several dollar thresholds here. They look alike, but they do not measure the same thing.
- Settling without a court-appointed guardian. Under Fla. Stat. § 744.301(2), natural guardians — the parents — may settle a minor child’s claim without a court-appointed guardian where the amounts received on the child’s behalf in the aggregate do not exceed $15,000.
- Once a lawsuit is on file. Under Fla. Stat. § 744.387(3)(a), after an action has been filed on behalf of a child, no settlement is effective unless it is approved by the court having jurisdiction of that action.
- Guardianship of the property. Under Fla. Stat. § 744.387(2) and § 744.387(3)(b), a legal guardianship of the property is required when the net settlement to the child exceeds $15,000.
- Guardian ad litem. Under Fla. Stat. § 744.3025(1)(a)–(b), the court may appoint a guardian ad litem where the gross settlement exceeds $15,000, and must appoint one where the gross settlement equals or exceeds $50,000.
The measuring stick differs in each: amounts received in the aggregate, the net to the child, then the gross settlement.
The two-year deadline — and the myth about waiting until 18
An action founded on negligence in Florida must be brought within two years under Fla. Stat. § 95.11(5)(a). Many parents assume a child gets a fresh start at adulthood. Florida’s tolling statute does not say that.
Under Fla. Stat. § 95.051(1)(i), a child’s minority tolls the limitations period only while no parent, guardian, or guardian ad litem exists, or the parent has an interest adverse to the child, or is adjudicated incapacitated to sue. Even where tolling applies, suit must still be filed within 7 years of the act, event, or occurrence.
The practical translation: a child injured in an ordinary Florida crash who has an available parent generally has the same two years an adult would. Waiting until 18 is not a strategy — it is how a claim gets lost.
How shared fault is handled
Under Fla. Stat. § 768.81(6), a party found greater than 50 percent at fault for their own harm recovers nothing. Below that line, damages are reduced in proportion to each party’s share of fault.
That is why the fault percentage gets so much attention in a Florida car accident claim.
What a child’s injury claim can include after a Florida car accident
The categories track an adult’s claim, with one difference: a child’s injuries are measured across a much longer horizon.
- Emergency treatment and hospital care
- Follow-up medical care, surgery, and rehabilitation
- Future medical care and therapy the child is expected to need
- Pain and suffering
- Scarring, disfigurement, and permanent impairment where they exist
Every case turns on its own facts and evidence. Past results do not guarantee a similar outcome. What insurance coverage is available depends on the specific policy language.
Can a parent recover for their own loss?
Florida common law recognizes a parent’s claim for the loss of a child’s companionship and society, but it is narrow at both ends: available only where the child suffers a significant injury resulting in permanent total disability, and limited to the child’s minority. It is not part of a routine child-injury case.
What parents should do now
- Get the crash report and keep a copy.
- Photograph what still exists — vehicle damage, the car seat or booster, visible injuries.
- Keep every medical record and attend the follow-up appointments.
- Write down what changes — sleep, headaches, mood, school performance, fear of riding in a car. Children under-report symptoms; a parent’s notes are real evidence.
- Mind the calendar — two years from the crash in most negligence cases.
Frequently asked questions
Who signs the settlement for my injured child?
A parent or legal guardian signs on the child’s behalf. Whether that signature alone is enough depends on the amounts, and once suit has been filed, § 744.387(3)(a) requires court approval.
Does my child have only two years to sue in Florida?
In an ordinary negligence case where the child has an available parent or guardian, yes — two years from the crash under § 95.11(5)(a). Minority alone does not pause the clock; tolling under § 95.051(1)(i) is limited to specific situations.
Will a judge have to approve my child’s settlement?
Often. Court approval is required once suit has been filed, and a guardianship of the property is required when the net settlement to the child exceeds $15,000 under § 744.387(2) and (3)(b).
What if the insurer says my child was partly at fault?
Damages are reduced by each party’s share of fault, and a party found greater than 50 percent at fault for their own harm recovers nothing under § 768.81(6). Fault allocation is an evidence question.
Talk to a Florida child injury lawyer
If your child was hurt in a crash in Miami-Dade or anywhere in Florida, these questions are worth answering early — while records still exist and the two-year clock still has room in it. Consultations are free, and the firm handles child injury cases on a contingency fee basis, with fee and cost terms set out in a written agreement before you hire the firm.
Call 888-PERAZZO or request a FREE case evaluation to speak with a lawyer who handles children’s injury claims. Se habla español.
Personal Injury accident lawyer in Miami advertising. The Perazzo Law Firm, North Miami Beach, Florida. This page is general information about Florida law, not legal advice, and it does not address the facts of any specific case. Reading it or contacting the firm does not create an attorney-client relationship. Past results do not guarantee a similar outcome.