PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA
Jason B. Goldman • April 14, 2022
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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The Fourth of July is one of the most celebrated holidays across Charlotte County. Families in Port Charlotte, Punta Gorda, Englewood, and North Port gather for fireworks, cookouts, boating trips, and community events to honor America's independence. But with the excitement of the holiday comes a significant increase in accidents and injuries, many of which are entirely preventable. At Goldman, Tiseo & Sturges, P.A., we're proud members of the Charlotte County community. Every year around the Fourth of July, we see a rise in personal injury cases from fireworks accidents and DUI crashes to boating collisions and slip-and-fall injuries at public events. This guide is designed to help you and your family enjoy a safe, joyful Independence Day. Fireworks Injuries in Charlotte County: What You Need to Know Fireworks are a Fourth of July tradition, but they are also one of the leading causes of holiday injuries in Florida. According to the U.S. Consumer Product Safety Commission, thousands of people are treated in emergency rooms for fireworks-related injuries every year with burns, eye injuries, and hand trauma being the most common. Fireworks safety tips for Charlotte County residents: Never allow children to handle fireworks, including sparklers. Sparklers burn at over 1,800 degrees Fahrenheit Only use legal consumer fireworks purchased from licensed retailers Keep a bucket of water or garden hose nearby when lighting fireworks Never relight a firework that failed to ignite, wait 20 minutes, then soak it in water Attend a professional public fireworks display: the safest option for families If injured by fireworks, seek immediate medical attention and document the scene If you were injured by a defective fireworks product or due to someone else's reckless use, you may have a personal injury claim. A Charlotte County personal injury attorney at Goldman, Tiseo & Sturges, P.A. can help you understand your legal options. Fourth of July Traffic and DUI Accidents on Charlotte County Roads The Fourth of July is consistently one of the deadliest days on Florida roads. Increased traffic on Tamiami Trail, Kings Highway, and US-41 combined with impaired drivers returning from celebrations creates dangerous conditions throughout Charlotte County. Stay safe on the road this Independence Day: Designate a sober driver before the celebration begins Use a rideshare service if you plan to drink: Uber and Lyft are available throughout Charlotte County Allow extra travel time: traffic near Punta Gorda, Port Charlotte, and Englewood events will be heavy Watch for pedestrians walking to and from fireworks displays after dark Avoid distracted driving: fireworks overhead create visual distractions on the road If you see an impaired driver, call 911 If you are injured in a DUI accident or car crash in Charlotte County on the Fourth of July, contact law enforcement immediately, seek medical care, and reach out to an experienced personal injury attorney as soon as possible. Boating Safety on Charlotte Harbor and Southwest Florida Waterways Charlotte Harbor, the Peace River, and the Gulf of Mexico attract thousands of boaters every Fourth of July. It's one of the busiest days on Southwest Florida waterways and one of the most dangerous. Boating Under the Influence (BUI) is illegal in Florida and treated with the same severity as DUI on the road. Boating safety reminders for Independence Day: Ensure every passenger has a properly fitted, Coast Guard-approved life jacket Designate a sober boat operator: BUI carries serious legal penalties in Florida File a float plan with someone onshore before departing Reduce speed in no-wake zones and congested waterways Watch for swimmers, kayakers, and paddleboarders near shore Check weather forecasts before heading out: afternoon storms are common in July Boating accident victims in Charlotte County have legal rights. If you or a loved one is injured due to a negligent boat operator, our personal injury attorneys can help you pursue compensation for medical bills, lost wages, and pain and suffering. Slip-and-Fall and Premises Liability at Fourth of July Events Public Fourth of July events, parades, concerts, festivals, and fireworks displays draw large crowds in Port Charlotte and across Charlotte County. Unfortunately, crowded venues and temporary event setups can create hazardous conditions for attendees. Common premises liability hazards at public events: Uneven ground, wet grass, or slippery surfaces near food and beverage areas Inadequate lighting in parking areas and walkways after dark Overcrowded exit paths creating trip and fall hazards Poorly secured temporary structures, tents, or stages Insufficient security leading to altercations and injuries Property owners and event organizers in Florida have a legal duty to maintain safe conditions for guests. If negligence caused your injury at a Fourth of July event in Charlotte County, you may be entitled to compensation. What to Do If You Are Injured This Fourth of July in Charlotte County Taking the right steps after an accident protects both your health and your legal rights: Seek medical attention immediately, even if injuries seem minor, some symptoms appear hours or days later Call law enforcement and ensure an official report is filed Photograph the scene, any hazards, your injuries, and the surrounding area Gather names and contact information from witnesses Do not give a recorded statement to an insurance company without first speaking to an attorney Contact Goldman, Tiseo & Sturges, P.A. for a free consultation, the sooner you have legal guidance, the better protected your rights will be A Message to Our Charlotte County Community The Fourth of July is a time to celebrate the freedoms we cherish and the community that makes Charlotte County such a wonderful place to call home. From Port Charlotte and Punta Gorda to Englewood and North Port, we are proud to serve the families who make this area special. When accidents happen, Goldman, Tiseo & Sturges, P.A. is here. We provide personalized, compassionate legal representation to injury victims throughout Southwest Florida and we're committed to fighting for the compensation you and your family deserve. From all of us at Goldman, Tiseo & Sturges, P.A., have a safe, happy, and memorable Fourth of July. Contact Our Charlotte County Personal Injury Attorneys If you or a loved one has been injured in a Fourth of July accident, whether from fireworks, a car crash, a boating collision, or a slip and fall. Our experienced legal team is ready to help. Goldman, Tiseo & Sturges, P.A. (941) 625-6666 Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County
The Fourth of July is one of the most celebrated holidays across Charlotte County. Families in Port Charlotte, Punta Gorda, Englewood, and North Port gather for fireworks, cookouts, boating trips, and community events to honor America's independence. But with the excitement of the holiday comes a significant increase in accidents and injuries, many of which are entirely preventable. At Goldman, Tiseo & Sturges, P.A., we're proud members of the Charlotte County community. Every year around the Fourth of July, we see a rise in personal injury cases from fireworks accidents and DUI crashes to boating collisions and slip-and-fall injuries at public events. This guide is designed to help you and your family enjoy a safe, joyful Independence Day. Fireworks Injuries in Charlotte County: What You Need to Know Fireworks are a Fourth of July tradition, but they are also one of the leading causes of holiday injuries in Florida. According to the U.S. Consumer Product Safety Commission, thousands of people are treated in emergency rooms for fireworks-related injuries every year with burns, eye injuries, and hand trauma being the most common. Fireworks safety tips for Charlotte County residents: Never allow children to handle fireworks, including sparklers. Sparklers burn at over 1,800 degrees Fahrenheit Only use legal consumer fireworks purchased from licensed retailers Keep a bucket of water or garden hose nearby when lighting fireworks Never relight a firework that failed to ignite, wait 20 minutes, then soak it in water Attend a professional public fireworks display: the safest option for families If injured by fireworks, seek immediate medical attention and document the scene If you were injured by a defective fireworks product or due to someone else's reckless use, you may have a personal injury claim. A Charlotte County personal injury attorney at Goldman, Tiseo & Sturges, P.A. can help you understand your legal options. Fourth of July Traffic and DUI Accidents on Charlotte County Roads The Fourth of July is consistently one of the deadliest days on Florida roads. Increased traffic on Tamiami Trail, Kings Highway, and US-41 combined with impaired drivers returning from celebrations creates dangerous conditions throughout Charlotte County. Stay safe on the road this Independence Day: Designate a sober driver before the celebration begins Use a rideshare service if you plan to drink: Uber and Lyft are available throughout Charlotte County Allow extra travel time: traffic near Punta Gorda, Port Charlotte, and Englewood events will be heavy Watch for pedestrians walking to and from fireworks displays after dark Avoid distracted driving: fireworks overhead create visual distractions on the road If you see an impaired driver, call 911 If you are injured in a DUI accident or car crash in Charlotte County on the Fourth of July, contact law enforcement immediately, seek medical care, and reach out to an experienced personal injury attorney as soon as possible. Boating Safety on Charlotte Harbor and Southwest Florida Waterways Charlotte Harbor, the Peace River, and the Gulf of Mexico attract thousands of boaters every Fourth of July. It's one of the busiest days on Southwest Florida waterways and one of the most dangerous. Boating Under the Influence (BUI) is illegal in Florida and treated with the same severity as DUI on the road. Boating safety reminders for Independence Day: Ensure every passenger has a properly fitted, Coast Guard-approved life jacket Designate a sober boat operator: BUI carries serious legal penalties in Florida File a float plan with someone onshore before departing Reduce speed in no-wake zones and congested waterways Watch for swimmers, kayakers, and paddleboarders near shore Check weather forecasts before heading out: afternoon storms are common in July Boating accident victims in Charlotte County have legal rights. If you or a loved one is injured due to a negligent boat operator, our personal injury attorneys can help you pursue compensation for medical bills, lost wages, and pain and suffering. Slip-and-Fall and Premises Liability at Fourth of July Events Public Fourth of July events, parades, concerts, festivals, and fireworks displays draw large crowds in Port Charlotte and across Charlotte County. Unfortunately, crowded venues and temporary event setups can create hazardous conditions for attendees. Common premises liability hazards at public events: Uneven ground, wet grass, or slippery surfaces near food and beverage areas Inadequate lighting in parking areas and walkways after dark Overcrowded exit paths creating trip and fall hazards Poorly secured temporary structures, tents, or stages Insufficient security leading to altercations and injuries Property owners and event organizers in Florida have a legal duty to maintain safe conditions for guests. If negligence caused your injury at a Fourth of July event in Charlotte County, you may be entitled to compensation. What to Do If You Are Injured This Fourth of July in Charlotte County Taking the right steps after an accident protects both your health and your legal rights: Seek medical attention immediately, even if injuries seem minor, some symptoms appear hours or days later Call law enforcement and ensure an official report is filed Photograph the scene, any hazards, your injuries, and the surrounding area Gather names and contact information from witnesses Do not give a recorded statement to an insurance company without first speaking to an attorney Contact Goldman, Tiseo & Sturges, P.A. for a free consultation, the sooner you have legal guidance, the better protected your rights will be A Message to Our Charlotte County Community The Fourth of July is a time to celebrate the freedoms we cherish and the community that makes Charlotte County such a wonderful place to call home. From Port Charlotte and Punta Gorda to Englewood and North Port, we are proud to serve the families who make this area special. When accidents happen, Goldman, Tiseo & Sturges, P.A. is here. We provide personalized, compassionate legal representation to injury victims throughout Southwest Florida and we're committed to fighting for the compensation you and your family deserve. From all of us at Goldman, Tiseo & Sturges, P.A., have a safe, happy, and memorable Fourth of July. Contact Our Charlotte County Personal Injury Attorneys If you or a loved one has been injured in a Fourth of July accident, whether from fireworks, a car crash, a boating collision, or a slip and fall. Our experienced legal team is ready to help. Goldman, Tiseo & Sturges, P.A. (941) 625-6666 Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County
As Father's Day approaches, Charlotte County families are planning special ways to honor the hardworking dads who make everything possible. Whether it's a sunrise fishing trip on Charlotte Harbor, a backyard cookout, or simply a day to relax, fathers across Port Charlotte, Punta Gorda, and Englewood deserve to be celebrated. At Goldman, Tiseo & Sturges, P.A., we’re more than just attorneys, we’re neighbors, parents, and community members who understand what matters most. This Father’s Day, we want to share some practical safety reminders to help ensure your celebration stays joyful. Summer Safety Reminders Father's Day weekend marks the start of summer activities in Charlotte County. Be mindful of: Boating safety: Life jackets aren't just for kids, they're for dads too. Heat exhaustion: That deck project can wait. Florida heat is serious, especially for weekend warriors. DIY injuries: Ladder falls and power tool accidents spike during holidays when dads tackle home projects. Honoring Fathers Who’ve Faced Hardship Father’s Day isn’t just about celebration; it’s also a time to recognize the strength and resilience of fathers who have faced unexpected challenges. Whether it’s recovering from an injury, dealing with the aftermath of an accident, or navigating a personal injury claim, fathers often carry burdens quietly to protect their families. If you’re a father who has been injured due to someone else’s negligence, you deserve support, compassion, and justice. You have rights, and we’re here to protect them. From all of us at Goldman, Tiseo & Sturges, P.A., Happy Father's Day to all the hardworking dads in Charlotte County. You make Port Charlotte, Punta Gorda, Englewood, and North Port the community we're proud to serve. We're Here When You Need Us If you or a loved one has been injured in an accident, our experienced legal team is here to help. We understand the unique challenges families face, and we’re committed to providing personalized, compassionate legal representation. Contact Goldman, Tiseo & Sturges, P.A. today for a free consultation: ( 941) 625-6666 Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County
June marks the official start of summer in Charlotte County, and with it comes sunshine, beach days, and an influx of visitors to our beautiful Gulf Coast community. From Charlotte Harbor to Englewood Beach, our area becomes a hub of activity as both residents and tourists make the most of Florida's warm weather. But summer also brings increased risks. More people on the roads, more boats on the water, and more activity at local businesses means more opportunities for accidents and injuries. At Goldman, Tiseo & Sturges, P.A., we see a noticeable uptick in personal injury cases during the summer months, and we want our Charlotte County neighbors to stay safe. The Summer Traffic Challenge If you've lived in Port Charlotte, Punta Gorda, or Englewood for any length of time, you know that summer traffic is a different beast. Tamiami Trail becomes packed with out-of-state visitors unfamiliar with our roads, and Kings Highway sees increased congestion as families head to beaches and attractions. What we see more of in summer: Rear-end collisions at busy intersections Accidents involving distracted drivers (tourists using GPS, looking for addresses) Pedestrian accidents in shopping areas and beach crossings Bicycle accidents as more riders take to the roads When you're out this summer, give yourself extra time, stay alert, and remember that many drivers around you may not know where they're going. Defensive driving isn't just a suggestion, it's essential. Water Activities and Boating Accidents Charlotte Harbor, the Peace River, and the Gulf of Mexico are what make our area special. But with beautiful waters comes responsibility and risk. Every summer, we handle cases involving: Boating collisions and operator negligence Jet ski accidents Dock and marina slip-and-fall injuries Swimming and diving accidents Inadequate safety equipment leading to drownings If you're heading out on the water: Ensure everyone has properly fitted life jackets Designate a sober boat operator Know the navigation rules and respect no-wake zones Check weather conditions before departing Never mix alcohol and boating—Florida law treats BUI (Boating Under the Influence) seriously Premises Liability: When Businesses Don't Keep You Safe Summer means crowded restaurants, busy shopping centers, and packed entertainment venues. Property owners have a legal duty to maintain safe conditions for visitors, but corners get cut when businesses are overwhelmed with summer crowds. Common summer premises liability issues: Wet floors in restaurants and stores (melting ice, spilled drinks, tracked-in water) Inadequate lighting in parking lots during evening hours Poorly maintained swimming pools at hotels and rental properties Overcrowded venues creating safety hazards Broken or uneven pavement in high-traffic areas If you're injured on someone else's property due to negligence, don't just chalk it up to bad luck. You may have a valid premises liability claim. Hurricane Season Starts June 1st We can't talk about June in Charlotte County without mentioning hurricane season. While we hope for a quiet season, preparation is crucial and so is knowing your rights if storm-related negligence leads to injury. Storm-related injuries we handle: Injuries from improperly secured construction materials or debris Falls due to inadequate lighting during power outages at businesses Vehicle accidents caused by poor storm preparation (unsecured objects becoming projectiles) Contractor negligence during hurricane repairs Property owners and contractors have responsibilities during hurricane season. If their failure to properly secure property or follow safety protocols results in your injury, you have legal recourse. What to Do If You're Injured This Summer Accidents happen quickly, but how you respond can affect your ability to recover compensation: Seek medical attention immediately – Even if you feel "fine," some injuries don't show symptoms right away. Document everything – Take photos, get witness information, keep all medical records. Report the incident – Whether it's a car accident, boating collision, or slip-and-fall, file an official report. Don't give statements to insurance companies – They're looking for reasons to deny or minimize your claim. Contact an attorney – The sooner you have legal representation, the better protected your rights are. Enjoy Summer Safely We want everyone in Charlotte County to enjoy our beautiful summer season. Whether you're a longtime resident or visiting from out of state, taking simple safety precautions can prevent accidents and injuries. From all of us at Goldman, Tiseo & Sturges, P.A., have a safe and wonderful summer in Port Charlotte, Punta Gorda, Englewood, and throughout Charlotte County. We're Here When You Need Us If you or a loved one has been injured in an accident this summer, our experienced legal team is ready to help. We handle all types of personal injury cases and fight to get you the compensation you deserve. Contact Goldman, Tiseo & Sturges, P.A. today for a free consultation: (941) 625-6666 Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County