• Traumatic brain injuries
• Spinal cord injuries
• Fractures and broken bones
• Internal organ damage

It’s important to note that the physical wounds tell only part of the story. Florida accidents involving children often result in emotional trauma that may persist long after the physical healing process is complete.

Pain and Suffering Compensation in Florida Child Injury Cases

Florida personal injury law establishes clear pathways for recovering damages when children suffer harm due to another party’s carelessness. Courts recognize pain and suffering in child injury cases as legitimate, compensable damages encompassing both physical discomfort and emotional distress. Physical pain includes the immediate agony of broken bones, burns, or surgical procedures. Emotional pain captures anxiety, depression, PTSD, and loss of childhood experiences. Florida law treats these non-economic damages as equally valid as medical bills and lost future earnings.

How Comparative Negligence Works for Minors

The state’s comparative negligence rule applies differently to minors. Courts assess a child’s actions based on what a reasonable child of the same age and maturity would do in the same situation. For example, a six-year-old wandering into the street is treated differently than a fifteen-year-old. Children under six are generally presumed incapable of negligence, so their actions usually do not reduce compensation. Those six and older are evaluated according to an age-appropriate standard, which protects children from unfair reductions in compensation.

Factors Influencing Pain and Suffering Damages in Florida Child Injury Cases

1. Severity of Injury: The more severe the injury, the higher the potential compensation. Courts consider permanence, lifelong limitations, and how the injury affects a child’s normal development.
2. Medical Treatment Needs: The type and extent of medical care, including hospital stays, surgeries, therapy, and specialized pediatric treatment, reflect the seriousness of the injury and help determine damages.
3. Emotional Trauma: Psychological effects, such as PTSD, anxiety, or fear of previously enjoyed activities, are compensable. Documentation from mental health professionals, along with impacts on school, sports, or friendships, provide evidence of emotional suffering.

Calculating Pain and Suffering Compensation in Florida Child Injury Cases

There are two established methods to decide how much compensation any person should receive for pain and suffering caused by an injury, including children.

Multiplier Method

The multiplier method is often used by Florida personal injury attorneys. It involves adding up all the economic damages, such as medical bills, therapy costs, and future care expenses. Then, this total amount is multiplied by a factor that usually falls between 1.5 and 5. The specific factor chosen depends on the severity of the injury, with more severe injuries like traumatic brain damage or permanent disability receiving higher multipliers.

Per Diem Method

Another approach is the per diem method, which calculates pain and suffering compensation based on a daily rate. In this method, a specific monetary value is assigned to each day that the person experiences pain during their recovery period. This is then multiplied by a daily rate by the total number of days in recovery. For example, if a child is recovering from a severe fracture over six months and experiencing significant pain, they might receive a daily compensation ranging from $100 to $300.  This depends on how intense their pain is and how much it disrupts their daily life.

Statute of Limitations Specific to Florida Child Injury Cases

In Florida, the general statute of limitations for personal injury claims is two years from the date of the injury. However, for minors (under 18), the law provides extended time to file a lawsuit:

• Standard Rule: The statute of limitations is tolled (paused) until the minor turns 18. This means the clock doesn’t start until the child reaches adulthood.
• Maximum Timeframe: Regardless of tolling, the statute of limitations expires seven years after the date of the injury. This serves as an absolute deadline, even if the minor has not yet turned 18.

However, in most cases, parents or guardians will file claims on behalf of their child to recover medical expenses and compensation for pain and suffering. In only rare circumstances would a minor wait until becoming an adult to pursue a claim, but it is possible. Therefore, if your child got hurt in a Florida accident, it’s prudent to consult a personal injury attorney promptly to file the claim within two years.

Essential Steps After a Child Sustains an Injury in a Florida Accident

• Seek emergency medical attention immediately, even if injuries appear minor. Delayed symptoms like internal bleeding or concussions may not manifest for hours or days. Emergency room visits create critical medical records establishing the direct link between the accident and your child’s injuries.
• Document everything meticulously from the accident scene forward. Photograph visible injuries, damaged property, and accident locations. Collect witness contact information and file a police report. Maintain detailed medical records from every appointment, including emergency room visits, follow-up care, therapy sessions, and specialist consultations.
• Create a recovery journal tracking your child’s daily symptoms: sleep disturbances, anxiety episodes, physical pain levels, missed school days, and abandoned activities. This documentation proves invaluable when demonstrating pain and suffering damages to insurance companies or juries.
• Never allow your child to speak with insurance adjusters without your Florida car accident attorney present. Adjusters often manipulate statements from children to minimize claim values or deny liability entirely.

Structured Settlements and Court Approvals for Minors

Structured settlements provide a secure, long-term way to receive compensation for children who suffer serious injuries. Instead of a lump sum, payments are spread over time to cover ongoing needs and protect the child’s future.  They often include:

• Regular payments for daily living or rehabilitation expenses.
• Larger or timed disbursements for future medical procedures or education.
• Court approval is required for settlements over $15,000 to ensure the child’s best interests are protected.
• Guardian oversight or court-appointed advocates may review and guide the settlement.

This approach ensures funds are available when needed most, reduces the risk of mismanagement, and supports the child’s long-term recovery and well-being. In addition, this layer of oversight helps prevent exploitation.  It ensures that compensation truly benefits the injured child rather than other parties involved.

Wrongful Death Claims Related to Children in Florida Personal Injury Cases