As a Florida children’s injury lawyer I am happy to see that Florida’s law has particular rules governing the settlement of an injured child’s personal injury, property damage or wrongful death claim.
Florida Statute Section 744.3025 allows the judge to appoint someone to review the claim and damages to make sure that the settlement is in the best interest of the child when the claim exceeds $15,000.00. This is called a Guardian ad Litem. The duty of the Guardian ad Litem is to protect the child’s interest in the case. In cases where the damages exceed $50,000.00 the Court has to appoint a Guardian ad Litem.
Once and if the settlement is approved the proceeds are placed into a restricted fund that requires court approval before money can be disbursed. Usually the money is released to the injured child when they turn 18 years of age.
Our Miami personal injury law firm often represents children who have been injured in car accidents, theme parks and from defective products. We support this law as it helps create a safety net for injured children to ensure that parents and lawyers act in the child’s best interest.