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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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.

Staying Safe This Christmas Season in Charlotte County

By Jason B. Goldman • December 2, 2025
The holiday season brings joy, celebration, and cherished time with loved ones throughout Charlotte County. As we gather for Christmas festivities, travel to visit family, and enjoy local events, it is also important to remain mindful of safety — both at home and on the road. At Goldman, Tiseo & Sturges, P.A., we are proud to call this community home. We wish every family peace and joy this Christmas, and we also want to help ensure the holiday remains safe for everyone. Holiday Travel & Road Safety Christmas is one of the busiest travel times of the year in Southwest Florida. Whether driving across town to see family or traveling farther for holiday plans, consider these safety reminders: Plan and allow extra time for increased traffic Avoid distractions — put the phone away while driving Never drive impaired or overtired Watch for pedestrians and bicyclists, especially near neighborhoods and holiday events Use extra caution in unfamiliar areas or high-traffic shopping zones If you are celebrating, arrange transportation ahead of time. A sober ride home protects you and others sharing the road. Keeping Gatherings Safe Christmas brings parties, church services, and community events. While festive gatherings are a wonderful part of the season, a few precautions help ensure everyone enjoys them safely: Keep walkways and entry areas clear to prevent falls Place holiday lighting safely, avoiding tripping hazards Monitor candles, fireplaces, and cooking equipment Ensure children are supervised around decorations and breakable items Simple steps help protect guests and reduce the risk of accidents in the home. Shopping & Gift Safety Whether shopping in-store or online this holiday season: Stay alert in parking lots and busy areas Keep packages secure and out of sight Use caution transporting bulky items or large gifts Follow manufacturer safety instructions for toys and electronics Safe gifting means more enjoyable celebrations for everyone. From Our Family to Yours Christmas is a time of reflection, gratitude, and community. Here in Charlotte County, we are fortunate to live in a place where neighbors look out for one another, and local traditions bring people together. From all of us at Goldman, Tiseo & Sturges, P.A., we wish you a joyful and peaceful Christmas filled with family, friendship, and hope for the year ahead. If you or a loved one has questions about a personal injury or safety concern this season, our team is here to help. Call (941) 625-6666 or visit www.gtslawfirm.com to schedule a consultation.

Pet Safety & Community Responsibility: What Charlotte County Residents Should Know

By Jason B. Goldman • December 2, 2025
From morning walks in gated communities to afternoons at local dog parks, our pets bring joy and companionship. However, when incidents occur such as dog bites, leash accidents, or property damage, questions of responsibility and liability can arise quickly. Understanding the expectations of pet owners within neighborhood communities and HOAs can help prevent disputes and protect the well-being of everyone involved. Why Community Pet Safety Matters Busy sidewalks, shared green spaces, mail carriers, and children riding bikes mean pets will inevitably interact with others. While most encounters are friendly, risks exist, including: Dog-to-dog altercations Dogs knocking someone over Bites or scratches Damage to shared property Loose or unsupervised pets Florida law, including strict liability for dog bites, plays a significant role in determining fault — but so do community rules and homeowner association policies . Common HOA & Neighborhood Pet Rules Many Charlotte County communities enforce policies that help keep pets and neighbors safe. These often include: Leash requirements Rules regarding unattended or roaming animals Waste pickup responsibilities Restrictions on certain breeds or aggressive animals Noise and nuisance policies Violating these rules may result not only in civil liability but also association fines or restrictions. Who May Be Liable? Responsibility may extend beyond the pet owner in certain situations. Depending on the circumstances, any of the following could be involved: The pet owner A caregiver or walker A tenant , if the property is rented A landlord or property manager , in limited circumstances An HOA , if unsafe conditions contributed (such as broken fencing or failure to enforce known hazards) Each case is fact specific. Evidence, including witness statements, veterinary records, and community documents often plays an important role. Steps to Take After an Incident Whether you are a pet owner or someone injured by an animal, consider taking these steps: Seek medical attention if someone is hurt Exchange information with the other party Document the scene and any injuries Gather witness names and contact information Review community regulations Speak with a personal injury attorney to understand your rights Prompt action can help protect your interests and clarify responsibilities quickly. Supporting Safe Communities Responsible pet ownership benefits everyone. As Charlotte County continues to grow, maintaining safe, respectful interactions between neighbors and their pets remains essential. Simple steps such as leashing pets, following HOA guidelines, and reviewing insurance coverage can help prevent incidents and foster harmonious neighborhoods. If you have been injured by someone else’s pet or have questions regarding liability within your community, Goldman, Tiseo & Sturges, P.A. is here to help. Contact us at (941) 625-6666 or visit www.gtslawfirm.com for guidance and a free consultation.