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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What to Do After a Hit-and-Run Accident in Charlotte County, Florida

By Jason B. Goldman • March 10, 2025
A hit-and-run accident can be a terrifying experience, leaving victims injured and unsure of their next steps. In Charlotte County, where thousands of these incidents occur each year, knowing how to respond can make all the difference in protecting your rights and securing the compensation you deserve. Immediate Steps to Take After a Hit-and-Run If you’ve been the victim of a hit-and-run accident, taking the right actions is crucial for your safety and legal case: Ensure Your Safety – If possible, move to a safe location and check yourself and any passengers for injuries. Call 911 – Reporting the accident to law enforcement is essential. A police report will serve as vital evidence in your case. Gather Information – Take note of anything you can remember about the fleeing vehicle, including its make, model, color, license plate (if visible), and direction of travel. Document the Scene – Capture photos of your vehicle, the surrounding area, and any damages or injuries. Look for Witnesses – If anyone saw the accident, get their contact information. Their testimony may help law enforcement track down the driver. Seek Medical Attention – Even if you feel fine, some injuries may not be immediately apparent. Seeing a doctor helps document your condition for any future claims. Notify Your Insurance Company – Florida law requires drivers to carry Personal Injury Protection (PIP) insurance, which may cover some of your medical expenses. However, navigating insurance claims can be complex, so proceed with caution. Consult a Personal Injury Attorney – An experienced attorney can help you explore all legal options, including uninsured motorist coverage or pursuing other avenues for compensation. Understanding Charlotte County Hit-and-Run Laws Under Florida law, leaving the scene of an accident is a serious offense. If the driver is identified, they may face criminal charges, including fines, license suspension, and even imprisonment. Victims of hit-and-run accidents in Charlotte County have legal options, but proving fault and securing fair compensation requires strategic legal guidance. How GTS Law Firm Can Help At GTS Law Firm, we understand the complexities of hit-and-run cases and are committed to fighting for the rights of accident victims in Charlotte County. Our team will investigate your case, gather evidence, and advocate for the compensation you deserve for medical expenses, lost wages, and pain and suffering. If you or a loved one has been injured in a hit-and-run accident in Charlotte County, don’t navigate the legal process alone. Contact GTS Law Firm today for a consultation and let us help you secure justice. (941) 625-6666

Recreational Vehicle Accidents in Florida: Understanding Your Legal Rights

By Jason B. Goldman • March 10, 2025
Florida’s beautiful landscapes and year-round sunshine make it an ideal destination for recreational vehicle (RV) enthusiasts. Whether you’re driving an RV, riding an ATV, or operating a personal watercraft, these activities come with risks. When accidents happen, understanding your legal rights is crucial to ensuring you receive the compensation and support you deserve. Common Causes of Recreational Vehicle Accidents Recreational vehicle accidents can occur for a variety of reasons, including:  Driver Negligence – Speeding, distracted driving, or operating a vehicle under the influence significantly increases the risk of an accident. Lack of Proper Training – Many recreational vehicles require specialized knowledge to operate safely. Inexperience can lead to serious crashes. Mechanical Failures – Poor maintenance or defective parts may contribute to accidents, making manufacturers or rental companies potentially liable. Dangerous Road or Waterway Conditions – Unmaintained roads, unexpected debris, or hazardous weather conditions can create dangerous situations for recreational vehicle operators. Who is Liable in a Recreational Vehicle Accident? Determining liability in a recreational vehicle accident depends on the circumstances surrounding the crash. Possible responsible parties may include: The Operator – If reckless or negligent behavior caused the accident, the driver may be held liable. The Vehicle Manufacturer – If a defect or mechanical failure contributed to the accident, the manufacturer could be responsible. A Rental Company – If the RV or recreational vehicle was not properly maintained, the rental company may be at fault. Another Negligent Party – Other motorists, property owners, or even local municipalities may bear responsibility if their actions contributed to the accident. Steps to Take After a Recreational Vehicle Accident If you or a loved one has been involved in a recreational vehicle accident, taking the right steps can protect your legal rights: Seek Medical Attention – Your health and safety come first. Even if injuries seem minor, getting checked by a medical professional is crucial. Document the Accident – Take photos of the scene, the vehicle(s) involved, and any visible injuries. Collect contact information from witnesses. Report the Incident – Notify the appropriate authorities, such as law enforcement or park officials, depending on where the accident occurred. Avoid Speaking with Insurance Adjusters Alone – Insurance companies may try to minimize your claim. Consult an attorney before providing statements. Contact a Personal Injury Attorney – An experienced lawyer can help assess your case, determine liability, and pursue the compensation you deserve. How GTS Law Firm Can Help At GTS Law Firm, we understand the complexities of recreational vehicle accident claims. Our team is dedicated to advocating for victims and ensuring they receive the financial support necessary for medical bills, lost wages, and pain and suffering. If you or a loved one has been injured in a recreational vehicle accident, don’t navigate the legal process alone. Contact GTS Law Firm today for a consultation and let us help you protect your rights. (941) 625-6666

Maximizing Settlements for Spinal Injury Cases

By Jason B. Goldman • February 17, 2025
Spinal injuries can be devastating, leading to severe long-term physical, emotional, and financial consequences. At GTS Law Firm, we understand the immense toll that spinal injuries take on victims and their families. Our goal is to ensure that you receive the full compensation you deserve to help cover both immediate and future needs. Understanding the Full Scope of Your Injury A spinal injury often involves much more than just physical damage. It can lead to chronic pain, reduced mobility, and the need for ongoing medical care. Our experienced attorneys work with medical professionals to accurately assess the long-term impact of your injury, ensuring that all aspects—present and future—are included in your claim. By documenting your injury in detail, we help you secure a settlement that reflects the full extent of your condition. Pursuing Non-Economic Damages In addition to medical expenses and lost wages, it is essential to account for the pain, suffering, and emotional distress caused by a spinal injury. These non-economic damages can often be difficult to quantify, but our legal team is skilled in working with experts to accurately estimate these costs and include them in your settlement. Whether it’s emotional trauma or the loss of quality of life, we fight to ensure you are compensated for all hardships resulting from your injury. Negotiating with Insurance Companies Insurance companies are notorious for offering lowball settlements, hoping to avoid paying the full value of your claim. Our attorneys have extensive experience negotiating with insurers, advocating for your best interests and making sure you receive a fair settlement. We handle all communications with the insurance company, ensuring that your claim is presented in the strongest possible light. Planning for Long-Term Medical Costs Spinal injuries often require lifelong care, including physical therapy, surgery, mobility aids, and assistance with daily activities. At GTS Law Firm, we work with financial and medical experts to calculate your future medical costs, ensuring that your settlement covers not just immediate needs but also long-term care. We take into account future treatments and the cost of accommodations for your disability, ensuring your financial security for years to come. Why Choose GTS Law Firm? Choosing the right legal representation is crucial in maximizing your spinal injury settlement. At GTS Law Firm, we are dedicated to protecting your rights and ensuring that you receive the compensation you deserve. With our team of skilled attorneys, we offer comprehensive legal support and personalized attention to every client. We don’t just seek a quick settlement; we pursue justice for you and your family. If you or a loved one has suffered a spinal injury, don’t settle for less than you deserve. Contact GTS Law Firm today for a free consultation. Let us fight for the compensation you need to move forward. (941) 625-6666

Charlotte County Attorneys with AV Ratings: The Gold Standard

By Jason B. Goldman • February 17, 2025
When seeking legal representation in Charlotte County, Florida, it’s essential to choose a law firm with a proven track record. One of the most prestigious distinctions an attorney can achieve is the AV Preeminent Rating from Martindale-Hubbell. This rating signifies the highest level of professional recognition, ethical standards, and legal ability. At GTS Law Firm, we take immense pride in our AV-rated attorneys who consistently demonstrate expertise, integrity, and dedication to their clients. What is an AV Rating? Martindale-Hubbell has been evaluating attorneys for more than 130 years, providing an objective measure of their capabilities and reputation. The AV Preeminent Rating is the highest peer rating standard, awarded to lawyers who exhibit superior legal knowledge, analytical capabilities, judgment, communication skills, and ethical standards. This rating is determined through a meticulous peer review process involving other attorneys and members of the judiciary. Why AV Ratings Matter Selecting an attorney with an AV rating ensures that you are working with a highly regarded professional recognized by their peers for outstanding legal ability and ethical conduct. Here’s why AV-rated attorneys stand out: Proven Expertise – AV-rated attorneys have demonstrated their knowledge and skills through years of practice and successful case outcomes. Ethical Standards – Integrity and professionalism are crucial in the legal field. AV-rated lawyers uphold the highest ethical principles. Respected by Peers – These ratings are based on peer reviews, meaning that other attorneys and judges acknowledge the lawyer’s exceptional abilities. Client Confidence – Knowing that your attorney has earned such a prestigious distinction provides peace of mind and confidence in their representation. GTS Law Firm: Your Trusted AV-Rated Legal Team in Charlotte County At GTS Law Firm, our commitment to client advocacy has earned us recognition in the legal community. Our AV-rated attorneys bring a wealth of experience in various practice areas, ensuring that our clients receive top-tier representation tailored to their unique needs. Whether you need assistance with personal injury, business law, estate planning, or litigation, our team is equipped with the expertise and dedication to achieve favorable outcomes. When legal matters arise, you deserve representation from attorneys who have been recognized for their outstanding skills and ethical commitment. The AV rating serves as a benchmark of legal recognition, and at GTS Law Firm, we are proud to uphold this standard for our clients in Charlotte County and beyond. If you are seeking legal counsel from a trusted, AV-rated law firm, contact GTS Law Firm today. Let us put our expertise, integrity, and dedication to work for you. (941) 625-6666
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