PERSONAL INJURY CLAIMS INVOLVING MINORS – SPECIAL RULES APPLY IN FLORIDA

Jason B. Goldman • Apr 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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Understanding the Process Behind Police Investigations in Fatal Car Accidents in Charlotte County

By Jason B. Goldman • 07 Apr, 2024
Navigating the immediate aftermath of a fatal car accident is a challenging experience for those involved. At Goldman, Tiseo and Sturges (GTS) Law Firm, our heart goes out to every individual and family affected by such tragic events. We believe in providing our community with the knowledge and legal guidance they need to navigate these difficult times. One crucial aspect that families often find themselves needing to understand is how police investigations of fatal car accidents work, especially here in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port. Police investigations serve a critical role in determining the circumstances surrounding any car accident. In the unfortunate event of a fatal collision, these investigations become even more paramount. They seek to uncover the sequence of events leading to the accident, identify any possible violations of traffic law, and understand the contributing factors, such as speed, intoxication, or distracted driving. The process typically follows several key steps: Immediate Response: Law enforcement officers are dispatched to the scene as soon as a fatal car accident is reported. Their primary focus is to secure the area, provide necessary aid, and ensure safety for all involved and the general public. Evidence Collection: Officers meticulously document the scene. This can include taking photographs, measuring skid marks, and collecting any physical evidence from the site. Eyewitness statements are also gathered at this time. Analysis: The collected evidence is analyzed to piece together the moments before the crash. Specialized units, such as forensic teams or accident reconstruction experts, may be brought in to assist with this part of the investigation.  Reporting: A detailed report is compiled, summarizing the findings of the investigation. This report can play a crucial role in any legal proceedings that may follow, as it often contains the investigation's conclusions about fault and contributing factors. At GTS Law Firm, our seasoned attorneys, backed by AV-rating from Martindale Hubbell, deeply understand the local laws and nuances of navigating such complex investigations. We're committed to providing compassionate, personalized legal representation to help our clients find justice and closure. If you or a loved one has been affected by a fatal car accident, we encourage you to reach out for a free consultation. Let our hometown attorneys with national recognition guide you through these challenging times with the expertise and care you deserve. For more information or to schedule a consultation, visit our website at gtslawfirm.com or contact us at (941) 625-6666.

Assessing the Risk of Car Accidents in Charlotte County: Stay Informed with GTS Law Firm

By Jason B. Goldman • 07 Apr, 2024
At the Goldman, Tiseo & Sturges Law Firm, we often encounter clients who ask, "What are the chances I'll be involved in a car accident here in Charlotte County?" It's a question that's on the minds of many of our community members as they navigate the roadways of Port Charlotte, Punta Gorda, Englewood, and North Port. While there's no crystal ball to predict everyone’s likelihood of experiencing a car accident, several factors can affect these odds, including regional traffic conditions, seasonal population increases, and local infrastructure. As your hometown legal team deeply rooted in Charlotte County, we understand these dynamics firsthand and are well-versed in the patterns and trends that can impact driving safety in our area. Statistics from traffic authorities offer insights into accident rates, which can vary from year to year. Factors such as distracted driving, road construction, and weather conditions all play a role in the number of collisions on our roads. But numbers only tell part of the story. At GTS Law Firm, we know that behind every statistic is a person – a neighbor, a friend, a family member. That's why we stress the importance of cautious and attentive driving every time you get behind the wheel. We also emphasize the value of being informed and prepared. Knowing local traffic laws, understanding your vehicle's safety features, and staying aware of common hazards can all decrease the likelihood of finding yourself in a collision. However, should you unfortunately find yourself involved in a car accident, rest assured that GTS Law Firm is here to help. Our experienced attorneys provide premier legal guidance with a personal touch, reflecting our deep commitment to the welfare of our clients and community. Our firm is the only multi-member law firm in our area where every attorney is AV-rated by Martindale Hubbell, signifying a dedication to excellence in service and legal expertise. If you've been in a car accident, or if you want to be proactive in understanding your rights on the road, reach out to GTS Law Firm for a free consultation. Our legal team is standing by to provide you with the personalized attention and representation you deserve. Let our hometown attorneys with nationwide recognition be your advocates, whether you're seeking to navigate the legal aftermath of an accident or simply looking to arm yourself with knowledge to prevent one. For proactive protection or dedicated representation, contact us at (941) 625-6666 or visit our website at gtslawfirm.com

Essential Tips for Preventing Road Fatigue in Southwest Florida

By Jason B. Goldman • 19 Mar, 2024
Fatigue can contribute to serious car accidents, affecting drivers in Southwest Florida and beyond. Whether undertaking long-distance journeys or daily commutes, drivers must prioritize safety by addressing road fatigue. This blog post aims to provide essential tips for reducing fatigue on the road, helping to enhance driver safety specifically in Southwest Florida. In the event of a car accident caused by driver fatigue, it is crucial to reach out to a trusted car accident lawyer serving Southwest Florida, such as GTS Law Firm. Prioritize Adequate Rest before Your Drive: Ensure you receive a minimum of 7-8 hours of sleep prior to embarking on your journey. Starting a trip without sufficient rest increases the risk of accidents due to drowsiness and exhaustion. Plan Your Departure Time Wisely: Choose a departure time approximately an hour after waking up when your mind is most alert. Avoid engaging in physically demanding tasks before a long drive to minimize fatigue. Maintain Proper Body Posture: Maintain an upright posture while driving and adjust your seat position to prevent leg extension. Additionally, keep your head up and eyes forward to help stave off fatigue. Create a Stimulating Car Environment: Consider adjusting the car's temperature to a slightly cooler setting if needed. Keep the volume up, change radio stations frequently, and avoid soft, slow music to help maintain alertness. Actively engage in driving rather than relying solely on cruise control. Take Regular Breaks: Frequent breaks are crucial for long-distance drives. Allocate 20-minute breaks every three hours to stretch your legs, improve blood circulation, and stay awake. These breaks will help you maintain focus and alertness during the remainder of your journey. Avoid Heavy Meals: Before setting out on the road, refrain from consuming heavy meals that could induce sleepiness. Opt for light meals to maintain energy levels. Making regular stops to eat light meals is preferable to consuming heavy food all at once. Utilize Rest Stops: If fatigue becomes overwhelming and you are unable to complete the journey, it is advisable to stop at rest stops and take a short nap. This is a safer alternative to driving in a fatigued state, reducing the risk of falling asleep behind the wheel. Never Drink and Drive: Alcohol is a leading cause of driver fatigue, as it acts as a depressant and induces drowsiness. It is crucial to avoid alcoholic beverages when driving to ensure maximum safety. Likewise, it is essential to never drive under the influence of alcohol. If you or a loved one is involved in a car accident caused by a fatigued driver in Southwest Florida, you may be entitled to compensation for damages, such as medical bills and lost wages. Seeking the guidance of an experienced car accident lawyer who serves Southwest Florida, like GTS Law Firm, can greatly assist you in securing a successful accident injury claim against the responsible driver and their insurance company. Consult a Trusted Car Accident Lawyer at GTS Law Firm At GTS Law Firm, we understand the complexities of car accident cases in Southwest Florida and are dedicated to advocating for your rights. Our experienced team of car accident lawyers is available to provide guidance and support during these challenging times. To schedule a consultation and seek legal assistance, please visit our official website at https://www.gtslawfirm.com/ or call us at (941) 625-6666.

Safety Measures: Prevent Personal Injuries in Port Charlotte, FL

By Jason B. Goldman • 19 Mar, 2024
Nobody wants to experience a personal injury, especially when it's the result of someone else's negligence. While accidents can still occur, there are proactive steps individuals can take to reduce the risk of sustaining injuries that may lead to personal injury claims. In this blog post, we will delve into some helpful safety measures to prevent personal injuries in Port Charlotte, FL. Role of a Port Charlotte, FL Attorney in Personal Injury Claims In the unfortunate event of an injury, having the assistance of a knowledgeable personal injury attorney in Port Charlotte is crucial. These attorneys can help navigate the complexities of filing a claim, negotiating with insurance companies, and serving as a strong legal advocate. Statistics from the Insurance Research Council indicate that accident victims represented by legal professionals tend to receive settlements 3.5 times higher than those representing themselves. Common Types of Personal Injury Claims There are numerous scenarios that can result in personal injuries in Port Charlotte, FL. Some of the most common types of personal injury claims include: Car and truck accidents Motorcycle accidents Boating accidents Pedestrian accidents Slip and fall injuries (also known as slips, trips, and falls) Dog bites and animal attacks Medical malpractice claims Product liability cases Wrongful death claims While this list is not exhaustive, it does cover some of the frequent situations leading to injuries in Port Charlotte. Preventative Tips to Reduce Personal Injuries While accidents cannot always be avoided, exercising caution and taking proactive measures can help minimize the risk of personal injuries. Here are some valuable tips to consider: Adhere to speed limits and diligently follow traffic laws. Adjust driving habits based on weather conditions. Refrain from driving while fatigued or under the influence of substances. Avoid distractions like texting while driving or walking. Practice caution when crossing the street by looking both ways. Stay vigilant and be mindful of signs and hazards on roadways and in establishments. Child-proof your home to prevent access to dangerous products or chemicals. Exercise caution during inclement weather conditions when outdoors. Read instructions thoroughly before using new products or equipment. While some of these tips may seem like common sense, it's easy to overlook safety precautions in unfamiliar or new situations. Staying aware and treating others as you would like to be treated can help prevent avoidable accidents. Consult an Experienced Personal Injury Attorney in Port Charlotte, FL Despite taking various safety measures, accidents can still happen due to factors beyond our control. In such situations, having a reliable personal injury attorney by your side is essential. Our experienced team at GTS Law Firm is dedicated to serving personal injury victims in Port Charlotte, FL. If you require assistance, please schedule a free consultation by contacting our office at (941) 625-6666
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