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.

Share This Post:

What To Do If You Hit a Parked Car in Charlotte County

By Jason B. Goldman • April 9, 2025
Accidents can happen in the blink of an eye—even when no one else is around. If you’ve accidentally hit a parked car, whether in a busy grocery store lot or a quiet street in Charlotte County, it’s important to stay calm, take responsibility, and follow the proper legal steps. 1. Stop Immediately Florida law is clear: leaving the scene of any accident involving property damage—even if the vehicle was unoccupied—is a crime. Pull over safely and remain at the scene. Leaving without following the proper steps could result in a misdemeanor charge. 2. Make a Reasonable Effort to Locate the Owner If the owner of the parked car is nearby, wait and exchange contact and insurance information. If you’re in a business parking lot, you may ask inside to see if they can make an announcement. If you’re unable to find the owner, don’t panic—there’s a legal alternative. 3. Leave a Written Note Florida law requires that you leave a note in a visible spot on the damaged vehicle. Include your name, address, phone number, your auto insurance policy number, and a brief explanation of the accident. Be brief, honest, and straightforward. This shows good faith and helps prevent the situation from escalating into legal trouble later. 4. Report the Incident If the damage is significant or you’re unsure about the extent, contact the Charlotte County Sheriff’s Office or local law enforcement to file a report. Many insurance companies also require an official report for claims involving property damage. 5. Document the Scene Take photos of the damage to both vehicles, the location, and any contributing factors (such as obstructions or narrow parking spaces). This documentation will be valuable if questions arise from the other party or your insurer. 6. Notify Your Insurance Company It’s best to be proactive. Even if the other vehicle’s owner hasn’t contacted you yet, inform your insurance provider of the incident. They can walk you through the claims process and help assess any potential liability. Protecting Yourself Legally Accidents involving parked cars might seem minor, but they can quickly turn into legal headaches if not handled properly. In Charlotte County and throughout Florida, taking the right steps after a minor accident can protect you from costly penalties and keep the situation civil. Have Questions? We're Here to Help. At Goldman, Tiseo & Sturges, P.A. , we understand that even the smallest incidents can carry serious consequences. If you’ve been involved in an accident—or if someone damaged your parked car and left the scene—our experienced legal team is here to guide you. We proudly serve clients throughout Charlotte County and are committed to protecting your rights.  Contact us today for a consultation. (941) 625-6666

Understanding Premises Liability in Florida

By Jason B. Goldman • April 9, 2025
In Florida, property owners, including grocery stores, are legally obligated to maintain safe premises for their patrons. This duty falls under the concept of premises liability, which holds property owners accountable for accidents resulting from unsafe conditions on their property. ​ Common Causes of Grocery Store Slip and Fall Accidents Several factors can contribute to slip and fall incidents in grocery stores: Wet Floors: Spills, recent mopping, or water tracked in from outside can create slippery surfaces Obstructed Aisles: Items left in walkways or cluttered aisles can pose tripping hazards.​ Poor Lighting: Inadequate lighting may prevent customers from noticing potential dangers. Uneven Surfaces: Mats that are not properly secured or abrupt changes in floor levels can lead to falls. Establishing Negligence To hold a grocery store liable for a slip and fall injury, you must prove that the store was negligent. This involves demonstrating that:​ Duty of Care: The store had a responsibility to ensure a safe environment for its customers.​ Breach of Duty: The store failed to address or warn about a hazardous condition.​ Causation: This failure directly resulted in your accident and subsequent injuries.​ Damages: You suffered actual damages, such as medical expenses or lost wages, due to the injury.​ Steps to Take After a Slip and Fall Incident If you experience a slip and fall in a grocery store, consider the following actions: Seek Medical Attention: Your health is the top priority. Ensure you receive appropriate medical care.​ Report the Incident: Inform the store management about the accident and ensure it's documented.​ Gather Evidence: Take photographs of the hazard, your injuries, and collect contact information from any witnesses.​ Consult a Personal Injury Attorney: An experienced attorney can guide you through the legal process and help determine the viability of your claim.​ How Goldman, Tiseo & Sturges Can Assist At Goldman, Tiseo & Sturges, P.A., we understand the complexities of premises liability cases. Our dedicated team is committed to advocating for your rights and ensuring you receive the compensation you deserve. If you've been injured in a slip and fall accident, contact us for a consultation to discuss your case and explore your legal options.

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