When a child suffers a personal injury as a result of an automobile accident, day care center incident, school incident, slip and fall, summer camp incident or other event, a case or claim can be pursued on behalf of the injured child. When there is a settlement, a question often arises as to the distribution of funds due to the child’s injuries. How are settlement funds distributed in a personal injury case when there is a minor child in Florida? The answer to this question like many others is “it depends”. If the net proceeds from the settlement are under $15,000, the funds may be distributed to the parents or guardians directly. The distribution scheme is up to the Judge and some Courts may put restrictions on the funds even if the net proceeds exceed $15,000, the funds are required to be placed in a restricted depository or put into an annuity that pays the injured child at 18 and / or thereafter.
When there is any settlement on behalf of a minor child, it is vital that the attorney and the parents act in the best interest of the child. After all, it is the child who suffered the physical injuries as a result of the accident or incident. Because of the complexities and restrictions on settlements and cases involving injured minor children, it is often helpful to retain the services of a Florida Child Injury Lawyer for advice, consultation, and legal representaton. David Wolf is a personal injury attorney with over 20 years of experience. He has dedicated his entire legal career to the protection and enforcement of the rights of children.
David Wolf is the author of three personal injury books focusing on cases involving children. The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Needs to Know – has chapters on Automobile Accidents, School Injuriers, Water Park Injuries, Child Abuse, and other topics. The book – Florida Day Care Center Injuries – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Indoor Facilties, Outdoor Facilities, Playgrounds, Emergency Procedures, Records, and other topics. The book titled – When a Parent’s World Goes from Full to Empty – The Wrongful Death of a Child – What You Need to Know about The Florida Wrongful Death Act – reviews and analyzes the Florida statutes on point as to death cases and issues.