Articles Tagged with right to compensation

School House Blue Background.001In Florida, millions of children attend public school.  On most days, the worst thing that happens to a student is in the form of test or homework.  School is school.  However, when a child suffers an injury at school, there are many challenges in dealing with the aftermath of the injuries in the form of medical care, medical bills, pain, suffering, and the stress that is otherwise associated with the personal injuries.  There is a concept in Florida and other states called Sovereign Immunity.   From the literal reading of this term, one may assume that a government entity is immune from being sued or held responsible for the negligent acts of school employees.  The truth is that public schools can and do get sued for negligence when a child suffers personal injuries while under the care and supposed supervision of the school. While Florida Sovereign Immunity laws limit the amount of financial recovery and proscribe the manner, notice, and method for a government entity being sued, there is no immunity per se for negligent acts of school employees in the State of Florida.
The Supreme Court of Florida summarized the general law on point for school negligence cases and claims as follows:
A public school, at least through the high school level, undoubtedly owes a general duty of supervision to the students within its care.  Case law is replete with instances of schools, principals and teachers being required to reasonably fulfill their duty to supervise students.

Bicycle - Child InjuryIn Florida as well as other states, it is still common to read about children being injured in bicycle accidents with motor vehicles.  Let’s face it – a bicycle is no match for a vehicle of any size.  When a child is hit while riding a bicycle, tricycle, or riding toy, there can be significant personal injuries and, in some instances, the tragic death of a child.  It is important for drivers of all ages to slow down any time that there are children in the area whether they are pedestrians or bicycle riders.  It should also be noted that children have poor safety awareness.  As such, a driver should be on the alert for any sudden or unsafe actions by the children in the area.
When a child is injured as a result of the negligence or carelessness of a driver, there are many issues and challenges faced by the parents and the injured child.   Who is going to pay for the medical bills? Is a parent’s wage loss a covered expense under insurance policies? Where can the child get follow up care and treatment if there is no health insurance or Medicaid?  What insurance is required for the at-fault driver?  What insurance is required for the at-fault vehicle owner?  When can a child get the compensation he or she deserved for the accident related personal injuries?   Are there any restrictions when dealing with the settlement on behalf of a minor child?  These are just a few questions of many that arise in these situations.  Because of the complexity of these cases and the importance of acting in the best interests of the injured child, a parent should seek out legal representation from a Florida Child Injury Lawyer  for advice, guidance, and, yes, legal representation.
A crash or accident can take place at any time of the day and at any location.   A child could get run over or hit in a driveway, near a park, and even while just casually walking on or riding on a sidewalk.   In Florida, there is a concept called the Dangerous Instrumentality Law.  This means that the owner of a vehicle is liable for the injuries caused by an automobile / bicycle accident if the owner consented to the driver’s use of the vehicle. There can be implied consent and there can be express consent.

Pick Up Truck SilverIn the State of Florida, there is a minimal type of coverage that needs to be in place to own and operate a motor vehicle.   Many people do not understand these minimal requirements.  In fact, many people are drive in the State of Florida under the impresssion that he or she has “full coverage” when there is only minimal coverage in place.  One reason that people are not better informed is because many such automobile insurance policies are obtained online.   There is no contact with a qualified insurance agent or just minimal contact with an insurance agent.  It is important for every driver and owner of a motor vehicle in the State of Florida to know and understand the types of insurance coverage currently in place on the policy and otherwise available for purchase.
By the time a person is an automobile accident, it is too late to purchase additional coverage or get coverage in place if it had lapsed.  The time to get the insurance papers and coverage in place is prior to the accident.  Here are the types of coverage available in the State of Florida:
Property Damage Coverage.   This type of insurance will pay the other vehicle owner for his or her property damage if you are at fault for the accident.  Minimum state required coverage is set at $10,000.   Additional coverage can be purchased which will result in higher premiums.   If a person has property damage in excess of $10,000 and you only have $10,000 in coverage, the other vehicle owner can come after you for the additional damage.  Your insurance company is only obligated to pay out what you purchased in insurance coverage. It is advisable to get more than $10,000 in property damage coverage.