Florida Personal Injury Firm
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What You Should Know

Getting Fair Compensation for the Long Term Injuries of a Minor

Throughout my career, I’ve represented many children who suffered terrible injuries due to auto accidents, dangerous products, and other types of trauma. In these cases, one of the parents’ primary concerns is the long-term effects the injuries will have on the child and the cost of paying for medical care in the future.

Part of my job is to prove these issues to the defendant’s insurance company by using expert testimony from the child’s doctors. This can be difficult, because doctors will often say they can’t be 100% certain about the long-term effects or the cost of future care until the child’s body fully develops (which, depending on the age of the child, could take anywhere from years to over a decade). However, parents typically can’t wait that long to bring their child’s claim because of the statutes of limitation.

In Florida you only have four years to file a lawsuit on a negligence claim, and in Georgia the deadline is two years. Once you file a lawsuit, judges have a responsibility to make sure cases move through the litigation process and reach a resolution in a timely manner. And, once your child’s case reaches a final resolution, it’s generally not possible to subsequently go back and obtain additional compensation from the defendant’s insurance company.

As a result, if your child suffered a severe injury due to someone else’s negligence, it is crucial that you hire an attorney who specializes in cases involving injuries to minors. You usually only have one opportunity to obtain compensation in a personal injury case, and your child is depending on you to make the right decision.

One way that I make sure a child obtains fair compensation for long-term injuries is by helping the child’s doctors understand that the law does not require them to be 100% certain about their opinions. Although prosecutors are required to prove issues “beyond a reasonable doubt” in criminal cases, in civil cases, we use a “more likely than not” standard, which is a lower bar that allows for some doubt.

Additionally, in civil cases, doctors are only required to be “reasonably certain” that a child will incur an expense in the future for medical care. Although educating doctors about the burden of proof is important in all personal injury cases, it’s especially critical in cases involving children.

If your child suffered an injury due to an auto accident or another type of trauma, give me a call so I can help you obtain enough compensation to pay for your child’s future medical care.