Yes, if your child was injured in a car accident in Florida, they have their own injury claim, separate from yours. The two things that matter most early on are getting them seen by a doctor within 14 days and not brushing off their injuries just because kids tend to bounce back. I have represented children as young as five, and some of those claims turned out to be far more serious than the family first thought.
Does my child have their own claim?
Yes. A child injured in a crash has the same right to compensation as an adult: medical bills, future treatment, and pain and suffering. Because a child cannot sign a contract or a release, a parent or guardian handles the claim on the child’s behalf. Parents also have claims of their own connected to the child’s injury, such as the medical bills they pay.
Do kids get hurt less than adults in car accidents?
Often, yes. Kids tend to be more flexible than adults, and in my experience they frequently walk away from a crash with less severe injuries than the grown-ups in the front seat. A 45-year-old with a stiff neck and a 7-year-old in the same wreck can have very different outcomes.
But “often” is not “always,” and that is where parents get caught off guard. Keep a particularly close eye on the youngest ones. A toddler or kindergartner cannot tell you that their neck hurts when they turn their head. What you will see instead is a change in behavior over the next few days:
- trouble sleeping, or waking up upset
- crankiness or clinginess that is not like them
- not wanting to run, play, or be picked up
- complaints about their head, neck, back, or stomach
If something seems off, have them looked at. For a young child, the ER or their pediatrician is the right first stop. I walked through the options in whether to go to the ER or urgent care after a car accident.
How does the 14-day PIP rule apply to a child?
Every injured person has their own personal injury protection (PIP) benefits, including each child in the car. A child is usually covered under a parent’s own PIP policy as a relative living in the household, even if they were riding in someone else’s car.
The catch is the same 14-day rule that applies to adults. Under section 627.736 of the Florida Statutes, each person must get initial medical care within 14 days of the crash to use PIP. Parents tend to get themselves checked and assume the kids are fine. If a child’s symptoms show up later and nobody took them in during those 14 days, that child’s PIP benefits can be lost. For what PIP actually pays, see what PIP covers in Florida, and if pain is showing up late, read what to do when you feel pain days after a car accident.
Why can a child’s injury claim be so valuable?
Because a child has a whole life ahead of them, and some injuries do not heal.
A disc herniation in the neck or back is the clearest example. Soft tissue strains get better. A herniated disc generally does not go back to the way it was. When a young child suffers a disc injury in a wreck, we work with their doctors to project what treatment they are likely to need over the long run: what that care looks like in 10 years, and in 20. A child carrying that injury into adulthood can need decades of care, and the claim has to account for all of it.
That is why I tell parents not to take a child’s injury lightly, even when it looks minor at first. Settling quickly for the emergency room bill, before anyone knows whether there is a disc injury, can leave a child without the money they need for care they will still need years from now.
What happens when a parent and child are both hurt?
Each injured person has a separate claim, but in most crashes everyone is paid out of the same at-fault driver’s bodily injury policy. Florida does not require drivers to carry bodily injury coverage at all, and many who do carry low limits. When three or four family members are hurt and the policy is not big enough to cover everyone, it becomes a question of how to divide a limited amount of money.
I have represented families in exactly that situation, with three or four people hurt and a policy that would not stretch. When I represent everyone, I cannot be the one who decides who gets what; that would mean choosing one client over another. The family members have to agree among themselves on how to divide the money, and then, if a child’s share is involved, a court may need to approve it. Your own uninsured motorist coverage, if you have it, can help fill the gap.
Does a court have to approve a child’s settlement in Florida?
Sometimes. Once a minor’s settlement passes a certain size, Florida law requires a judge to approve it before the money is paid out. The point is to protect the child: the court makes sure the settlement is fair and that the money is set aside for the child rather than spent elsewhere. If your child’s case needs approval, your lawyer handles that process; it is a normal step, not a sign anything went wrong.
A Panama City Beach reality: families on the road
Panama City Beach is a family vacation town. From spring break through the end of summer, Front Beach Road and Back Beach Road are full of minivans and SUVs packed with kids, many of them from out of state and unfamiliar with the roads. When those crashes happen, there are often children in the back seat.
If your family was visiting when the wreck happened, your child’s claim does not disappear when you drive home. Get them checked out before you leave if you can, and if you are already home, see a doctor there within the 14 days.
Key takeaways
- An injured child has their own claim, handled by a parent or guardian.
- Each child has their own PIP, and each needs medical care within 14 days of the crash.
- Kids often bounce back, but watch the youngest closely: they cannot always tell you what hurts.
- A disc injury in a child can mean decades of treatment, so do not settle before you know.
- When several family members share one small policy, the family decides how to divide it, and a court may need to approve a child’s share.
If your child was hurt in a car accident, call me, Phillip Stamman, at my Panama City Beach office: (850) 842-5449, or contact me here for a free consultation. You can also read more about how I handle car accident cases in Panama City Beach.
This post is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts. Talk to a lawyer about yours before you rely on anything here.
Stay safe out there,
Phillip Stamman
Solo Personal Injury Lawyer
Panama City Beach, Florida