If your child has been involved in a car accident in Miami, you are likely concerned about how to proceed with a claim. As a minor cannot initiate a claim on their own, it is up to you to take the necessary steps.
At Anidjar & Levine, our Miami car accident lawyer understands that this can be a challenging time for you and your family. In this situation, it is important to know how the claims process works and what you need to do to secure the desired outcome for the injured minor. Read on to learn more about how a minor’s car accident claim works in Miami.
Who Can File a Claim on Behalf of a Minor?
When a minor is involved in a car accident, they typically cannot file a claim on their own behalf due to their age. As a result, you’ll need to understand who can file a claim on their behalf. In most cases, a legal guardian or parent assumes this responsibility.
They can hire an attorney to guide them through the filing procedures and guarantee the minor’s rights are protected. If the minor’s parents are deceased or unavailable, a court-appointed legal guardian may be necessary.
This guardian will have the authority to make decisions and take legal actions on the minor’s behalf. It’s important to note that the legal guardian must follow the appropriate filing procedures to guarantee the claim is processed correctly. By doing so, you can help the minor receive the compensation they are entitled to for their injuries and damages.
Understanding the Statute of Limitations for Minors in Miami
As you go through the claims process on behalf of a minor, it’s important to keep in mind the statute of limitations that applies to their case. In Florida, the statute of limitations for minors is extended until they turn 18 years old. This means that the minor, or their representative, has until their 18th birthday to file a claim.
When it comes to statute interpretation, minor rights are protected under Florida law. Here are three significant points to take into account:
- Tolling of the statute: The statute of limitations is tolled, or paused, until the minor reaches the age of majority.
- Extension of the statute: The extended statute of limitations allows minors to file a claim up to seven years after their 18th birthday.
- Filing requirements: The minor, or their representative, must file a claim within the extended statute of limitations to preserve their rights.
Types of Compensation Available to Injured Minors
After going through the statute of limitations, you’re likely wondering what types of compensation are available to the injured minor. In a car accident claim, the wounded minor may be entitled to recover various types of damages. Our team can help you understand this aspect of how a minor’s car accident claim works in Miami.
These can include compensation for medical expenses, which can be substantial, especially if the minor requires ongoing treatment or surgery. You may also be able to recover compensation for emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD), resulting from the accident.
Additionally, you may be able to recover compensation for lost wages if the minor was employed at the time of the accident, or for loss of future earning capacity, if the injuries have a long-term impact on the minor’s ability to work. Overall, the goal of compensation is to restore the minor to their pre-accident state, as much as possible.
The Role of a Guardian Ad Litem and How a Minor’s Car Accident Claim in Miami Works
In a minor’s car accident claim, a guardian ad litem plays an important role in guaranteeing the minor’s best interests are protected. As you maneuver through the legal process, this guardian will be appointed by the court to represent the minor’s interests.
Their primary responsibility is to make decisions that benefit the minor, not the minor’s parents or legal guardians. The guardian ad litem’s responsibilities include:
- Reviewing settlement offers and advising the court on their fairness
- Conducting investigations and gathering information to support the minor’s claim
- Providing legal representation on behalf of the minor in court proceedings
Throughout the process, the guardian ad litem will work closely with you and your attorney to make certain the minor receives the compensation they need. Their involvement helps to protect the minor’s rights and prevent any potential conflicts of interest.
Gathering Evidence to Support a Minor’s Claim
Gathering evidence is an important step in building a strong minor’s car accident claim, and you’ll want to start this process as soon as possible. The goal of evidence collection is to document the accident and its aftermath, providing a clear picture of what happened and how it affected the minor.
You’ll want to collect accident documentation, such as police reports, witness statements, and photos or videos of the accident scene and damage to vehicles. Additionally, gather medical records and bills related to the minor’s injuries, as well as documentation of any lost wages or other expenses.
Settling a Minor’s Car Accident Claim in Miami
Once you’ve built a strong case with thorough evidence, you’ll likely receive a settlement offer from the insurance company or defendant.
This is an important stage in settling a minor’s car accident claim in Miami. It’s fundamental to approach settlement negotiations strategically, increasing the chances that you get fair compensation for the minor’s injuries and damages. During settlement negotiations, you’ll need to:
- Carefully review the settlement offer, considering the minor’s medical expenses, lost wages, and pain and suffering.
- Gather additional evidence to support your claim, such as medical records, witness statements, and repair estimates.
- Document all communication with the insurance company or defendant, including emails, letters, and phone calls, to maintain a record of claim documentation.
Learn More About How a Minor’s Car Accident Claim Works in Miami
You now have a comprehensive understanding of how a minor’s car accident claim works in Miami. From filing a claim on their behalf to adhering to the statute of limitations, we at Anidjar & Levine are prepared to guide you in pursuing compensation for the minor’s injuries.
Contact us today for a free consultation.
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