Should I Replace My Child’s Car Seat After an Accident?: Southwest Personal Injury Lawyers Explain

Jason B. Goldman • May 17, 2022
Should I Replace My Child’s Car Seat After an Accident?: Southwest Personal Injury Lawyers Explain

Regardless of an accident’s severity, car accidents can be frightening, life-changing events. Even a relatively minor accident can cause damage to your child’s booster seat or car seat, which may render these seats insufficient to protect your child in future accidents.

According to the  National Highway Traffic Safety Administration  (NHTSA), car seats should always be replaced following a moderate or severe crash to ensure a consistent level of crash protection for child passengers. Following even a minor accident, child safety experts recommend replacement of child seats, as structural damage may not always be visible.

What Constitutes a Minor Crash?

According to the NHTSA, a minor crash occurs when all of the following factors are true:

  • The vehicle was able to be driven away from the site of the crash.
  • The vehicle door nearest to the car seat was not damaged.
  • No passengers in the vehicle sustained any injuries in the crash.
  • No airbags were deployed during the crash; and
  • There was no visible damage to the car seat.

What Damage Should I Look For?

There are various signs to look for when inspecting a child car seat for damage. The stitching may be torn, the webbing could be torn, or the seat could be cracked. Parents are also advised to look for damage such as cracked plastic, bent metal, or stretched harnesses or belts.  In the event of a crash, however, damage may not be readily apparent or even visible to the naked eye. Additionally, there is no reliable or scientific method of determining whether a seat continues to provide adequate protection for your child.

In any event, DO NOT use a car seat that has been involved in a moderate to a severe collision.

Florida Child Seat Laws:

According to Florida Statute 316.613, every driver is required to use a federally approved car seat for infants and children under 5 years of age.  The National Highway Traffic Safety Administration also recommends that drivers always use a car seat for children who have not yet reached the manufacturer’s stated maximum weight or height limits. Also, while not legally required, the NHTSA recommends that kids under 12 years old should always ride in the back seat, as an additional safety precaution.

Will insurance cover the loss of a car seat following a crash?

If you were at fault in the accident, you may wish to contact your auto insurance provider. It is possible to include the cost of replacing the car seat along with other property losses and damages.

If you need to replace your child’s car or booster seat because of someone else’s negligence, the person or their insurance company can be held responsible for the these costs.  In addition to assisting you with your personal injury claim, we can also assist with obtaining reimbursement for child seat replacement. 

Additional Compensation You May Be Entitled To:

Our experienced personal injury lawyers can assist you and your family in an accident involving your child(ren).  We can seek damages against the at fault party for:

  • Medical bills for you and your child
  • Lost wages for the time you spent recovering
  • Your lost future earnings if you are unable to return to your job
  • You and your child’s pain and suffering
  • Disability and disfigurement, if applicable

Are there time limits when it comes to filing a claim?

An injured party has four years from the date of an automobile accident to file a lawsuit against the responsible party.  If a claim is being brought against your own uninsured motorist carrier, you have 5 years from the date of your accident to file such a lawsuit.  While lawsuits are sometimes necessary when insurance carriers are not willing to provide reasonable, fair compensation for our clients, in most accidents claims can be resolved without ever having to file a lawsuit.

Injured in a Southwest Florida Accident? Contact GTS!

Learn how our experienced, Southwest Florida personal injury lawyers at Goldman, Tiseo, and Sturges, P.A. can help you recover compensation from an automobile accident caused by another, during a FREE consultation.  Please dial (941) 625-6666, or send us a message through our contact us box to schedule a FREE personal injury consultation.  

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Understanding Mediation: A Smarter Path to Resolving Disputes

By Jason B. Goldman • April 6, 2026
When facing a legal dispute, many people assume their only option is a lengthy court battle. However, there's often a better way: mediation. At Goldman, Tiseo & Sturges, we've seen how mediation can save time, money, and relationships while achieving outcomes that satisfy all parties. What Is Mediation? Mediation is a collaborative process where an impartial third party—the mediator—helps disputing parties reach a mutually acceptable resolution. Unlike a judge who imposes a decision, a mediator facilitates communication and guides parties toward their own agreement. Why Choose Mediation? Cost-Effective & Fast Mediation costs a fraction of litigation and typically resolves in a half-day to full-day session—not years. You Stay in Control Unlike court decisions, mediated settlements put you in the driver's seat. You control the outcome. Preserve Relationships Mediation's collaborative approach can preserve business partnerships, neighbor relations, and other ongoing connections. Confidential & Binding Everything discussed stays private, and agreements you help create are more likely to be honored. When Should You Consider Mediation? Mediation works at any stage: Before filing a lawsuit (most cost-effective) During litigation (often court-ordered) Even post-judgment Jason B. Goldman: Certified Charlotte County Mediator Attorney Jason B. Goldman has been certified by the Florida Supreme Court as a circuit court mediator since 2002. Our Mediation Services We mediate cases throughout Charlotte County and beyond: Business and commercial disputes Real estate and construction conflicts Personal injury claims Contract disagreements Pre-suit negotiations Ready to Resolve Your Dispute? Contact Goldman, Tiseo & Sturges today at (941) 625-6666 to schedule your mediation session.

Easter Weekend Safety - Protecting Your Family This Holiday

By Jason B. Goldman • April 6, 2026
Easter weekend is a time for celebration, family gatherings, and fun traditions. But as personal injury attorneys who've spent decades serving Charlotte County, we know that holidays can also bring increased risks on our roadways and in our communities. The Reality of Holiday Traffic Easter weekend consistently ranks as one of the deadliest holiday periods for traffic accidents in Florida. With families traveling to visit relatives, increased alcohol consumption at gatherings, and distracted drivers rushing to events, the roads become significantly more dangerous. According to Florida Highway Safety data, Easter weekend sees a spike in DUI arrests and serious accidents. As you plan your celebrations this year, keep these safety tips in mind: Plan ahead for a designated driver if your celebration involves alcohol Watch for increased pedestrian traffic around churches and parks Be extra cautious at intersections - we know Charlotte County's dangerous crossroads well Secure children properly in car seats when traveling to family gatherings Easter Egg Hunts and Premises Liability If you're hosting an Easter egg hunt or attending one at a church, park, or community center, be aware of potential hazards. Property owners have a legal duty to maintain safe premises. We've seen injuries from: Uneven ground causing trip-and-fall accidents Hidden hazards in tall grass where eggs are hidden Dog bites when excited pets interact with children during outdoor events Pool accidents when Easter parties include swimming Your Rights After a Holiday Accident If you or a loved one is injured this Easter weekend due to someone else's negligence - whether it's a drunk driver, an unsafe property, or any other preventable accident - don't wait to seek legal guidance. Evidence disappears, witnesses' memories fade, and insurance companies start building their defense immediately. At Goldman, Tiseo & Sturges, we're here even during the holidays. As lifetime residents of Port Charlotte and Punta Gorda, this is our community, and these are our neighbors. We want everyone to enjoy a safe and happy Easter. This Easter, celebrate the renewal of spring - but stay safe doing it. And if the unexpected happens, remember that we're always here to help.

Why Spring Is a Smart Time to Review Your Insurance Coverage in Charlotte County

By Jason B. Goldman • March 3, 2026
As the seasons change and spring arrives in Southwest Florida, many homeowners and drivers begin tackling projects, travel plans, and home improvements. It’s a time of renewal and preparation but it’s also the perfect time to review something that’s often overlooked: your insurance coverage. At GTS Law Firm, we often work with individuals and families who discover too late that their policies don’t fully protect them after an accident or unexpected event. A simple coverage review now can help prevent major financial and legal stress later. Why Spring Is the Right Time to Take a Second Look Spring often brings changes in routine. People start driving more, hosting gatherings, making home upgrades, and preparing for hurricane season. All of these changes can affect your level of risk and whether your current coverage still fits your needs. Some common life updates that may require coverage adjustments include: Purchasing a new vehicle Renovating or adding to your home Starting a home-based business Adding a teen driver to your policy Buying recreational equipment like boats, golf carts, or motorcycles When coverage isn’t updated to reflect these changes, gaps can appear that only become obvious after an accident happens. The Risk of Being Underinsured Many people assume they’re fully protected because they have insurance in place. However, in personal injury cases, we often see situations where policy limits are too low to cover medical bills, lost wages, or long-term care needs after a serious accident. This can affect both sides: If you’re injured, the at-fault party may not have enough coverage to fully compensate you. If you’re responsible for an accident, limited coverage could leave you personally liable for the remaining costs. Reviewing your policies regularly helps ensure you’re protected from unexpected financial exposure. Coverage Areas Worth Reviewing Spring is a great time to sit down and evaluate a few key areas: Auto Insurance: Make sure your liability limits, uninsured motorist coverage, and medical payments coverage are still appropriate for your situation. Homeowners Insurance: If you’ve made improvements, added structures, or purchased valuables, your policy may need updating. Umbrella Policies: These provide an extra layer of protection beyond standard home and auto coverage and can be especially valuable for families with significant assets. Liability Protection: If you host guests, own a pool, or have pets, additional liability coverage may be worth considering. Prevention Is Always Easier Than Recovery While legal support is available after an accident, the goal is always to prevent hardship before it happens. Adequate coverage can help ensure that if the unexpected occurs, you and your family are protected. Taking an hour to review your policies now could save months, or even years, of financial and emotional stress down the road. A Season for Preparedness Spring is all about getting ready for what’s ahead. Just as people clean, organize, and prepare their homes, it’s also the ideal time to make sure your protection plans are current and complete. At GTS Law Firm, we’re committed to helping Charlotte County residents stay informed and protected. Understanding your risks and making proactive decisions today can help you move forward with greater confidence and peace of mind.

St. Patrick’s Day Safety: Celebrating Responsibly in Charlotte County

By Jason B. Goldman • March 3, 2026
St. Patrick’s Day is a time for celebration, community gatherings, and enjoying time with friends and family. From parades to parties, the holiday brings plenty of excitement but it also comes with increased risks, especially when alcohol is involved. At GTS Law Firm, we encourage everyone in Charlotte County to enjoy the festivities while keeping safety at the forefront. Why St. Patrick’s Day Comes with Higher Risks St. Patrick’s Day is consistently associated with a rise in alcohol-related incidents, including impaired driving, slips and falls, and preventable accidents. Even one poor decision like getting behind the wheel after drinking can have life-changing consequences. Beyond driving, celebrations can also lead to injuries from overcrowded venues, distracted behavior, or simply overconsumption. Being mindful and planning ahead can make all the difference. Smart Ways to Celebrate Safely You can still have a great time while making responsible choices. Here are a few ways to enjoy the holiday and protect yourself and others: Plan a safe ride home. Use a designated driver, rideshare service, or make arrangements in advance. Stay aware of your surroundings. Crowded events can increase the risk of accidents. Pace yourself. Drinking water and eating throughout the day helps prevent overconsumption. Look out for friends. Make sure everyone in your group gets home safely. Host responsibly. If you’re having people over, offer food, non-alcoholic drinks, and help guests arrange safe transportation. The Reality of Impaired Driving Impaired driving remains one of the biggest dangers on St. Patrick’s Day. It doesn’t just put the driver at risk, it endangers passengers, pedestrians, and other drivers on the road. In many personal injury cases, the impact of one moment of poor judgment leads to serious injury, financial stress, and long-term emotional trauma for multiple families. If an Accident Happens Even when you do everything right, you can’t control others’ actions. If you or a loved one is injured due to someone else’s negligence, whether from a drunk driver, unsafe property conditions, or another preventable situation. It’s important to understand your rights and options. Documenting the incident, seeking medical attention right away, and speaking with a legal professional can help protect your well-being and your future. Celebrate the Holiday the Right Way St. Patrick’s Day should be remembered for laughter, connection, and celebration—not for accidents that could have been avoided. A little planning and awareness can go a long way toward keeping the holiday fun and safe for everyone in Charlotte County. From all of us at GTS Law Firm, we wish you a happy, safe, and responsible St. Patrick’s Day.