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Florida Law Provides Options for Children When Parents are Injured

If you were hurt in an accident of any kind, your focus will be on recovery and getting back to life as you know it as soon as possible. Depending on the severity of your injuries, you may sustain significant losses as you incur medical bills, lose income from missing work, and endure considerable pain and suffering. It is a relief to know that Florida law protects your interests by providing you with legal remedies to obtain compensation for these losses, especially if your recovery is long-term or you are permanently disabled. 

However, there is one implication of an injury-causing accident that you might not have factored in — the consequences for your children. In many ways, they suffer along with you when you are unable to take an active role as a parent. Fortunately, Florida law also protects children in such a situation, and a Miami personal injury lawyer can explain in more detail. A summary of the relevant laws may help you understand the basics.

Overview of Florida’s Parent-Child Liability Law

The key to a child’s legal rights is included in Florida’s law on liability for injury to parents, which describes a cause of action against a party whose negligence caused the accident. The remedy for the child is similar to a personal injury claim, so it is possible for him or her to recover monetary damages – as separate from what you, as the injured victim, may obtain. There are a few points to note:

  • To qualify for this remedy, the negligent acts by another person or entity must have caused significant injuries to you. Therefore, there must be sufficient evidence for you to prevail in your own claim.
  • Your injuries must result in total, permanent disability; and,
  • Your child must suffer damages stemming from how your disabling injuries affect your role as parent.

Examples Where Children May Have Legal Options

To better understand a child’s remedy for injuries to a parent, some examples may be useful. Children may suffer consequences whenever a parent is hurt due to:

  • A car, truck, or motorcycle collision;
  • Pedestrian and bicycle accidents;
  • Slips, trips, and falls on dangerous property;
  • Medical malpractice;
  • Dangerous, defective products; and,
  • Any other accident caused by negligence.

Compensation Under Florida Law

The statute provides for a range of damages that a child may recover, which are akin to what a surviving loved one might obtain in a wrongful death case. They include amounts for permanent losses related to:

  • Parental services and support; and,
  • Comfort, care, love, and companionship.

Keep in mind that your child’s age may impact the amount of damages, as older children reaching adulthood soon do not rely on parents to the same extent.

A Miami Personal Injury Attorney Will Protect Your Family

This overview may come as good news if you were injured in an accident and your children are feeling the impact. To learn more about your remedies, please contact Gerson & Schwartz, PA at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. We can schedule a free case evaluation to review your circumstances and assess your options.

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