Statute of Limitations for Bodily Injury of a Minor in Florida
If your child suffers a bodily injury due to the intentional or negligent act of another, it may become necessary to file a lawsuit against the responsible party in order to pay current and/or future medical expenses incurred as a result.
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Statute of Limitations
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As with any lawsuit, the action against the defendant must be filed within a certain amount of time. In Florida, a lawsuit for a minor's bodily injuries---excluding injuries due to medical malpractice---must be filed within four years of the date of injury.
Guardian Ad Litem
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Under the law, a minor is deemed to lack the capacity to bring a lawsuit on his own. Before filing the lawsuit, you must petition the court and request to be named as the minor's guardian ad litem. The appointment of a guardian ad litem is the legal process for allowing a parent to bring a lawsuit on behalf of a minor for the minor's benefit.
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Settlement
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If a minor's lawsuit settles prior to the trial date, Florida law requires that the court approve any gross settlement exceeding $15,000. Settlements below that threshold do not require court approval.
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References
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