The Dos and Don'ts of Handling Personal Injury Claims Involving Minors

The Dos And Don'ts Of Handling Personal Injury Claims Involving Minors

J.D. Lewis IV ESQ

When a child/minor is hurt in an accident or due to someone else's negligence, it can be a tough and stressful situation for everyone involved. At The Lewis Law Group, P.A., we understand the heartbreak and complexity of these types of situations. As a parent or guardian, your focus will be on making sure your child is physically and emotionally cared for. But questions will eventually arise about your legal options. 

If you're wondering whether you can take legal action on behalf of your child, reach out to the experienced attorneys at The Lewis Law Group. With over 50 years of Personal Injury and Civil Litigation practice on the Treasure Coast, we can guide families through these sensitive claims with practical, thorough, strategic, and confidential counsel.

The Dos for Handling Claims

Seek immediate medical attention for your child.
Even if injuries appear minor, getting it all on-record will strengthen your case. 

Document everything
Gather as much evidence as you can — promptly. Include photos of the scene and injuries, witness statements and their contact info, accident reports. Keep track of school records showing impact on your child's life (including anxieties, missed school, and behavioral changes)

Consult an experienced personal injury attorney right away
Minors can't file legal claims — but parents can for them. These kinds of cases can be complicated and legal guidance is necessary to ensure compliance with Florida's strict rules. 

The Don'ts to Avoid

Never accept the first settlement offer from an insurance company
Many times, the insurance company will lowball you to minimize payout and try to force a quick settlement. Do not accept. These early offers tend to not take into account long-term medical needs or developmental impacts. 

Don't discuss the case or admit any fault
Whether on social media, or to insurers, avoid talking about the case without counsel present. Inconsistent statements can weaken your claim.

Do not delay treatment or skip follow-ups
Gaps in records suggest injuries aren't serious or related to the incident. 

Do not commingle funds
Any settlement money belongs solely to the child. Parents must not deposit these funds into their personal accounts; the court usually requires a restricted account, trust, or structured settlement.

Do not spend settlement money without a court order
Steer clear of handling large settlements without court oversight. Typically, Florida law requires parents/guardians to seek explicit court permission if withdrawals are needed for medical or educational needs before the child turns 18.

Why You Need an Experienced Attorney

The attorneys at The Lewis Law Group, P.A. are experienced and knowledgeable in the St. Lucie, Martin, and Palm Beach County court systems. We know how judges scrutinize minor claims for fairness. Florida's statute of limitations is usually two years from injury (or up to seven years in some cases, if no guardian files), but the effects of the accident may linger for much longer. A personal injury claim might help your child get the resources needed to access care and fully heal. 

If your child has been hurt and you're facing financial consequences that are not your fault, you don't need to navigate this process alone. Contact us today to schedule a FREE case evaluation.