When a child is injured as a passenger in a car crash, it can be traumatic for both the child and their family. In Gainesville and throughout Florida, these cases raise unique legal and emotional challenges. Whether your child was in your car or someone else’s, knowing your rights is key to ensuring they receive the care—and the compensation—they need.
What to do immediately after the accident
If your child was a passenger in a vehicle involved in a crash:
Your priority is your child’s health. A personal injury lawyer can help make sure their legal rights are also protected.
Common injuries in child passengers
Some injuries may not show immediate symptoms, which is why prompt and ongoing medical evaluations are critical.
Who is liable when a child is injured as a passenger?
When a child is a passenger, they are never at fault. Liability typically falls on one or more of the following:
In some cases, both drivers may share liability. An attorney can investigate the circumstances and determine who is responsible for your child’s injuries.
What compensation can you seek for your child?
Parents can pursue a personal injury claim on behalf of a minor child for:
You may also recover your own out-of-pocket expenses, such as time off work or transportation to medical appointments.
What if the driver was a family member?
If the accident was caused by a parent, relative, or friend, you might hesitate to pursue a claim—but remember, you’re filing a claim against their insurance policy, not the individual personally.
UM/UIM (Uninsured/Underinsured Motorist) coverage and PIP (Personal Injury Protection), as required by Florida Statutes §627.736, may also apply, depending on the policies involved.
Court approval is required for settlements in child injury claims
Another key difference in child injury cases is that any settlement reached must be approved by a court, even if all parties agree on the amount. Under Florida Statutes §744.387, the judge’s role is to ensure the settlement is fair and in the child’s best interest. In most cases, the settlement funds are placed into a protected account or trust, which the child can access upon reaching adulthood—unless the court approves an earlier withdrawal.
This process is designed to protect the child and ensure that the compensation is used solely for their benefit.
Statute of limitations: More time, but don’t wait
Under Florida Statutes §95.11 and §95.051, the statute of limitations for personal injury claims is generally two years from the date of injury. However, when the injured party is a minor, the timeline may be tolled. In many cases, the statute does not begin to run until the child reaches the age of 18, giving them until age 20 to file a lawsuit.
While this extended window might appear to offer flexibility, parents should not delay. Over time, critical evidence can be lost, witnesses’ memories may fade, and documentation may become harder to retrieve. Acting quickly helps ensure your child’s claim is as strong as possible.
Why you should contact a Gainesville injury attorney
Child injury claims require careful handling. Insurance companies may try to minimize the long-term effects of a child’s injuries or push for fast settlements that don’t account for future costs.
At Rush & Frisco Law, we understand the medical, emotional, and legal complexities of these cases. We’ve represented Gainesville families for over 35 years, helping protect what matters most—their children’s futures.
