Children are naturally more prone to injuries than the average adult due to their impulsivity, inexperience, and size. Unfortunately, many children in Florida are injured each year due to negligent dog owners, defective products, or even poor supervision from teachers or coaches.
If your child has fallen victim to a situation such as these, a proactive personal injury attorney may be able to help you pursue compensation for current and future medical bills, emotional suffering, and other economic and non-economic damages. Connect with an experienced Florida child injury lawyer as soon as possible to learn how they can assess the factors of your case and fight tirelessly on your behalf.
Liability for Child Injuries in Florida
Adults and certain entities generally must act with a reasonable degree of care, especially when it comes to children. When children are not supervised or appropriate safety precautions are not adhered to, the parties involved may be found civilly liable.
Generally, liability in child injury cases arises out of negligence. When a person or a party does not act in the way that a reasonably prudent person would under similar circumstances, they may be found legally negligent.
However, legal negligence cannot be proven just by showing that a person acted carelessly or reckless. There generally must also be injuries and damages that stem directly from that recklessness for a lawsuit to have legal merit. If the defendant’s negligence causes a child to suffer an injury that leads to damages, they could be liable for those damages. A seasoned lawyer can help with establishing liability.
Who Can File a Lawsuit on Behalf of a Child?
Since children under the age of 18 cannot file a lawsuit for themselves, someone must do so on their behalf. Only the parent or legal guardian of the child can file a child injury lawsuit. For further questions about how can file a lawsuit for those under 18 years of age, potential plaintiffs should speak to a Florida child injury attorney.
Florida’s Joint and Several Liability Laws
In some cases, multiple parties may be liable for the injuries a child suffers. For example, if the child was injured at school, a child injury lawyer in Florida could possibly name the school district, administrators, teachers, or ancillary staff as defendants in the lawsuit.
Florida state law subscribes to the legal concept of joint and several liability as found in Florida Statutes §768.81. If more than one party is found by the court to bear liability, each would be responsible for paying their proportionate share of damages to the plaintiff based on what percentage of fault the court determines each party has.
If one defendant settles outside of court with the plaintiff, the amount of the settlement may offset the amount that the other defendants owe to the plaintiff. It is important to note, though, that this only applies if the settling defendant is assigned a partial degree of fault by the court.
Consult with a Compassionate Florida Child Injury Attorney
There are many differences in lawsuits for child injuries compared to lawsuits for adult injuries. Consulting with an attorney who is experienced in child injury law could help ensure that a case is handled correctly and given the best chance at recovery. You can take the first step in seeking justice for your child by contacting a seasoned Florida child injury lawyer for a case evaluation today.