Every car accident has the potential to be tragic, but crashes that involve children can be some of the most heart-wrenching. Especially when traveling at high speed, cars and trucks have the potential to create devastating injuries on impact such as traumatic brain injuries, broken bones, lost limbs, paralysis, and more. Fortunately, Florida law allows for the parents or guardians of injured children to pursue compensation from at-fault drivers.
If your child is injured in a major crash, you may want to discuss your claim with an experienced Florida motor vehicle accident child injury lawyer as soon after the incident as possible. Succeeding with a civil claim requires intense focus and energy, and a knowledgeable child injury attorney can take on that burden so that you can spend more time with your recovering child or children.
When Does a Claim Have to Be Filed?
Any car accident case, even ones including children, must adhere to the Florida statute of limitations for personal injuries. For such cases, this limit is set at four years after the date of the injury by Florida Statutes §95.11, since the suit would be an action founded on the negligence of the responsible party.
In cases involving injured minors, though, there are several ways in which this deadline may be extended. For example, it is possible that the court may rule that the child’s interests are at odds with those of their parents, or the parents may be incapacitated or of unsound mind. To better understand the statute of limitations and ensure that the claim is filed properly and on time, it is often best to consult with a Florida attorney who has dealt with motor vehicle crashes involving child injuries before.
Evidence Used to Show Negligence
The outcome of a child injury claim stemming from a motor vehicle accident often revolves around apportioning blame between the parties involved. To recover compensation from a defendant driver, it is crucial to have evidence of their negligence which increases their percentage of fault for the accident. Car wreck lawyers often use a variety of evidence to prove these matters when dealing with cases involving injured children in Florida, including:
- Photographs of the scene
- Testimony from accident reconstructionists
- Medical records
- Cell phone records if texting while driving is suspected
- Footage from traffic cameras
Over time, the memories of witnesses may become less reliable and physical evidence like skid marks and debris may become lost. The sooner they are on a case, the sooner a dedicated legal representative can catalog these pieces of evidence for later use.
Let a Florida Motor Vehicle Accident Child Injury Attorney Work Toward Compensation
Injured children and their families may be entitled to significant compensation from at-fault drivers. Losses like medical bills, ongoing treatment, and the child’s pain and suffering are all issues for which the at-fault driver could be found responsible and might have to pay.
If your child was injured in a motor vehicle accident, you and your family should not have to bear an unjust financial burden in addition to the emotional burden you are likely already experiencing. A compassionate Florida motor vehicle accident child injury lawyer may be able to help you through this challenging time and build a strong case for compensation on your behalf. Call today to learn more.