PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA

Jason B. Goldman • April 14, 2022
PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA

When a minor is injured in Florida, special rules and laws apply to settling a minor’s personal injury claim.  Florida Statute 744.387 controls the settlement of all personal injury claims involving minors.  While this statute makes the settlement of a minor’s claim more complex and time consuming, its goal is to protect the minor from unscrupulous people, and make sure the proposed settlement is in the minor’s best interest (i.e. the settlement is fair).  Florida Statute 744.387 accomplishes these goals by requiring, in most instances, Court approval of a minor’s personal injury claim.

Many attorneys who handle personal injury claims for minors “hire out” and need assistance from a guardianship attorney to obtain Court approval for a proposed settlement of a minor’s personal injury claim.  At GOLDMAN, TISEO & STURGES, P.A., our attorneys not only resolve the minor’s underlying personal injury claim, but also shepherd the proposed settlement through the guardianship process without any outside assistance from other attorneys or law firms.  In cases involving minors, we handle our claims from start to finish, directly with you and your family.

A minor in Florida is anyone under 18.  A minor does not have the legal authority to settle their own personal injury claim, nor can they control settlement funds.  Minors are usually “represented” in their cases by parents, who are their legal guardians.  However, in situations involving the absence of a parent, or the absence of a suitable parent, a court can appoint another person to act as Guardian. 

The safeguards put in place for the protection of minors under Florida Statute 744.387 vary depending on the proposed settlement amount of the personal injury or wrongful death claim.  In short, the larger the claim value, the more safeguards are in place to protect the minor. Below is a list of the requirements of Florida Statute 744.387 when resolving the personal injury claim of a minor:

  Is Court Approval of Settlement Required?

  • Gross Settlement is $15,000.00 or less – If a lawsuit has not been filed yet – NO.
  • If a lawsuit has already been filed – YES.

Court approval is obtained by opening up a Guardianship for the minor.  A Petition for Approval of Minor’s Settlement with the Court is then filed. The Petition must contain all pertinent details of the case, such as the issues of liability and damages, the amount of the settlement, and the amount of attorneys’ fees and costs.

  • Gross Settlement is greater than $15,000.00, but less than $50,000.00 – YES.
  • Gross Settlement in excess of $50,000.00 – YES.

Is It Necessary to Appoint a Guardian of the Property?

  • Gross Settlement is $15,000.00 or less – NO.
  • Gross Settlement is greater than $15,000.00, but less than $50,000.00 – YES, but only if the net settlement (gross settlement minus attorneys’ fees and costs) exceeds $15,000.00 .
  • Gross Settlement in excess of $50,000.00 – YES, but only if the net settlement exceeds $15,000.00.

The Guardian of the Property, usually the minor’s legal guardian, is responsible for signing releases and collecting the net settlement proceeds. However, the Court (and not the Guardian of the Property) retains sole jurisdiction to determine how and where the minor’s net settlement funds will be held, and what they may be spent on.  The Court, and not the Guardian of the Property, controls and safekeeps the minor’s funds until the minor reaches the age of 18.  If the Guardian of the Property wants to access the minor’s funds, court approval is first required.  In granting or denying such a request, the Court will consider whether or not the request is in the best interests of the minor.

Is a Guardian Ad Litem Required?

  • Gross Settlement is $15,000.00 or less – NO.
  • Gross Settlement is greater than $15,000.00, but less than $50,000.00 – DISCRETIONARY WITH THE COURT.
  • Settlement Exceeds $50,000 – YES .

A Guardian Ad Litem is another attorney with personal injury case experience who, in essence, provides a “second opinion” to the Court as to whether or not a proposed settlement in a minor’s claim is in the child’s best interests or not.  The assigned Guardian Ad Litem will review the minor’s attorney’s file, interview the attorney, minor, and parents of the minor, and prepare a final report to the Court regarding their findings and opinions.

GTS is Here to Protect Your Family

If your child was involved in an accident caused by the negligence of another, learn how our Southwest Florida accident lawyers can help you and your family recover fair compensation.  Our experienced and compassionate team at GOLDMAN, TISEO & STURGES, P.A. will advise you how we can help you and your family during a FREE consultation.  Please call us at (941) 625-6666 or send us a message through our  contact us box available on our website here.  Whether you are a resident of Florida or were injured while visiting from out of state, our Florida personal injury lawyers can assist.

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Valentine’s Day in Charlotte County: Staying Safe While Celebrating Love

By Jason B. Goldman • February 4, 2026
Valentine’s Day is a time to celebrate love, connection, and shared experiences. Whether it’s a romantic dinner, a night out, or a special event with friends, February 14 often brings an increase in travel, dining, and social gatherings throughout Charlotte County. While the focus is on celebration, Valentine’s Day also tends to bring a rise in accidents and injuries. Being aware of common risks can help you enjoy the holiday safely — and understand your options if something goes wrong. Increased Driving Means Increased Risk Valentine’s Day often means more drivers on the road, particularly during evening hours. Busy intersections, unfamiliar routes, and distracted driving can contribute to accidents. Common Valentine’s Day–related driving risks include: Rear-end collisions during peak dinner hours Distracted driving caused by phones or navigation apps Impaired driving following celebrations If you’re injured in a car accident, understanding your rights under Florida law is critical — especially when fault or insurance coverage is disputed. Dining Out and Premises Liability Concerns Restaurants, bars, and event venues are often packed on Valentine’s Day. Crowded spaces and rushed service can lead to hazards such as: Slippery floors Poor lighting Obstructed walkways Property owners have a duty to maintain reasonably safe premises. When injuries occur due to unsafe conditions, liability may rest with the business or property owner. Alcohol-Related Incidents Alcohol is commonly part of Valentine’s Day celebrations, which can increase the likelihood of: Drunk driving accidents Falls or injuries at venues Altercations resulting in injury Victims injured by an impaired driver or negligent party may have the right to pursue compensation for medical bills, lost wages, and other damages. Hotel and Short-Term Rental Injuries Many couples choose hotels or short-term rentals for Valentine’s Day getaways. These properties must meet safety standards, including: Secure railings and staircases Proper lighting Well-maintained amenities Injuries caused by unsafe conditions may fall under premises liability, depending on the circumstances. What to Do If You’re Injured on Valentine’s Day If an accident happens, taking the right steps can protect your health and your legal rights: Seek medical attention immediately Report the incident to the appropriate party Document the scene and gather witness information Avoid discussing fault before speaking with an attorney Protecting Your Rights Matters Valentine’s Day should be about making memories, not dealing with unexpected injuries. Unfortunately, accidents don’t take holidays off. When injuries occur due to someone else’s negligence, knowing your rights can make a meaningful difference in your recovery. If you or a loved one is injured in an accident this Valentine’s Day season, the attorneys at GTS Law Firm are here to help you understand your legal options and pursue the compensation you deserve.

Why Seasonal Resident Season in Charlotte County Makes Liability Awareness More Important Than Ever

By Jason B. Goldman • February 4, 2026
As 2026 approaches , many Charlotte County residents are thinking about fresh starts, new goals, and long-term planning. While updating calendars and resolutions is common this time of year, reviewing your homeowner’s liability coverage is an important step that often gets overlooked. Even in close-knit communities like ours, accidents can happen and without adequate coverage, a single incident could have lasting financial and legal consequences. Understanding Liability Coverage in Homeowners Insurance Most homeowners’ insurance policies include personal liability coverage designed to help protect you if someone is injured on your property or if you cause damage to someone else’s property. This may include coverage for medical expenses, legal defense costs, and potential settlements. However, many standard policies have limits that may not align with today’s rising medical costs, legal expenses, and settlement amounts, especially as we head into 2026. Why Standard Coverage May Not Be Enough in 2026 As lifestyles evolve and homes become more multifunctional, liability risks continue to grow. Some common scenarios include: Rising Medical Costs Injury-related medical expenses have increased steadily, and even a seemingly minor accident can result in bills that exceed basic policy limits. Increased Legal Exposure Lawsuits related to slip-and-fall accidents, guest injuries, or property conditions can quickly escalate. Legal defense costs alone may strain limited coverage. Pools, Docks, and Outdoor Living Spaces Charlotte County’s outdoor lifestyle often includes pools, docks, patios, and water features: all of which can increase liability exposure if someone is injured. Activity Beyond the Home Certain incidents that occur away from your property may not be fully covered under a standard homeowner’s policy, leaving gaps in protection. Additional Coverage Options to Consider To strengthen protection going into 2026, homeowners often explore: Umbrella Liability Policies These policies provide an extra layer of protection above standard limits, offering broader coverage at a relatively affordable cost. Expanded Coverage for Secondary or Rental Properties If you own a vacation home, rental property, or short-term rental, standard homeowners’ coverage may not apply — making supplemental liability coverage essential. Scheduled Coverage for High-Value Assets  Items such as collectibles, tools, or specialty equipment may require additional protection beyond standard policy limits. Why This Matters for Charlotte County Residents From waterfront properties and seasonal visitors to year-round outdoor activities, Charlotte County presents unique liability considerations. Preparing now allows homeowners to move into 2026 with confidence, knowing they are protected against unexpected claims. Planning Ahead for Peace of Mind Reviewing your liability coverage isn’t just about insurance — it’s about protecting your financial security and your future. Taking proactive steps today can help prevent legal and financial stress tomorrow. At GTS Law Firm, we regularly help Charlotte County residents navigate liability issues and understand how insurance coverage and personal injury law intersect. If you have questions about liability exposure or find yourself facing a claim, our team is here to help. As we move into 2026, a little preparation can go a long way toward peace of mind.

Why Charlotte County Homeowners Should Revisit Their Liability Coverage Heading Into 2026

By Jason B. Goldman • December 31, 2025
As 2026 approaches , many Charlotte County residents are thinking about fresh starts, new goals, and long-term planning. While updating calendars and resolutions is common this time of year, reviewing your homeowner’s liability coverage is an important step that often gets overlooked. Even in close-knit communities like ours, accidents can happen and without adequate coverage, a single incident could have lasting financial and legal consequences. Understanding Liability Coverage in Homeowners Insurance Most homeowners’ insurance policies include personal liability coverage designed to help protect you if someone is injured on your property or if you cause damage to someone else’s property. This may include coverage for medical expenses, legal defense costs, and potential settlements. However, many standard policies have limits that may not align with today’s rising medical costs, legal expenses, and settlement amounts, especially as we head into 2026. Why Standard Coverage May Not Be Enough in 2026 As lifestyles evolve and homes become more multifunctional, liability risks continue to grow. Some common scenarios include: Rising Medical Costs Injury-related medical expenses have increased steadily, and even a seemingly minor accident can result in bills that exceed basic policy limits. Increased Legal Exposure Lawsuits related to slip-and-fall accidents, guest injuries, or property conditions can quickly escalate. Legal defense costs alone may strain limited coverage. Pools, Docks, and Outdoor Living Spaces Charlotte County’s outdoor lifestyle often includes pools, docks, patios, and water features: all of which can increase liability exposure if someone is injured. Activity Beyond the Home Certain incidents that occur away from your property may not be fully covered under a standard homeowner’s policy, leaving gaps in protection. Additional Coverage Options to Consider To strengthen protection going into 2026, homeowners often explore: Umbrella Liability Policies These policies provide an extra layer of protection above standard limits, offering broader coverage at a relatively affordable cost. Expanded Coverage for Secondary or Rental Properties If you own a vacation home, rental property, or short-term rental, standard homeowners’ coverage may not apply — making supplemental liability coverage essential. Scheduled Coverage for High-Value Assets  Items such as collectibles, tools, or specialty equipment may require additional protection beyond standard policy limits. Why This Matters for Charlotte County Residents From waterfront properties and seasonal visitors to year-round outdoor activities, Charlotte County presents unique liability considerations. Preparing now allows homeowners to move into 2026 with confidence, knowing they are protected against unexpected claims. Planning Ahead for Peace of Mind Reviewing your liability coverage isn’t just about insurance — it’s about protecting your financial security and your future. Taking proactive steps today can help prevent legal and financial stress tomorrow. At GTS Law Firm, we regularly help Charlotte County residents navigate liability issues and understand how insurance coverage and personal injury law intersect. If you have questions about liability exposure or find yourself facing a claim, our team is here to help. As we move into 2026, a little preparation can go a long way toward peace of mind.

New Year’s Safety in Charlotte County: Start the Year Smart and Protected

By Jason B. Goldman • December 31, 2025
The New Year is a time for fresh starts, celebrations, and setting goals for the months ahead. While ringing in the new year should be fun and memorable, it’s also one of the times when accidents, injuries, and legal issues are more likely to occur. Taking a few proactive steps can help ensure your celebration ends on a positive note. Here are some important New Year’s safety tips for residents and visitors throughout Charlotte County. Celebrate Responsibly on the Roads New Year’s Eve and New Year’s Day consistently see an increase in impaired driving incidents. Even one poor decision behind the wheel can lead to life-altering consequences. If you plan to celebrate: Arrange a designated driver ahead of time Use a rideshare service or taxi Stay overnight if alcohol will be involved If you encounter a driver who appears impaired, keep your distance and contact local authorities when it is safe to do so. Be Cautious at Parties and Events Large gatherings can bring excitement and risk. Slips, falls, and other injuries are common at crowded celebrations. To reduce risks: Keep walkways clear and well-lit Monitor alcohol consumption Address spills immediately Ensure outdoor areas are safe and free of hazards Property owners and hosts should remember that they may have a responsibility to keep guests reasonably safe. Fireworks and Fire Safety Matter While fireworks are festive, they are also one of the leading causes of holiday injuries. If fireworks are permitted: Follow local Charlotte County regulations Never allow children to handle fireworks Keep a safe distance and fire extinguisher nearby Better yet, consider attending a professional fireworks display rather than lighting your own. Stay Alert Around Water Charlotte County’s waterways remain active year-round. Cooler temperatures don’t eliminate boating or dock-related risks. Avoid alcohol while boating Wear life jackets when appropriate Watch footing on docks and seawalls Water-related injuries can happen quickly, especially during celebrations. Don’t Ignore Injuries or Incidents If an accident occurs: Seek medical attention immediately Document what happened if possible Report the incident when appropriate Prompt action protects both your health and your legal rights. Start the Year Protected The New Year is about moving forward, not dealing with preventable legal challenges. Staying alert, planning, and making safe choices can help you and your loved ones begin the year with confidence. If you or someone you care about is injured due to another party’s negligence, understanding your rights is an important step toward recovery. GTS Law Firm is proud to serve Charlotte County and remains committed to helping individuals navigate difficult situations with clarity and care. Here’s to a safe, healthy, and successful New Year.