Frequently Asked Questions:

A: The factors you would consider when determining the value of a Florida child injury claim are a bit different than what you would consider for an adult injury claim­­­­ – the main difference is that with a child, many monetary factors are not dealt with the same way, including estimating future expenses when a child does not have a work history but their injury will prevent them from working later in life.

Your child injury attorney in Clearwater can look at the specifics of your child’s injury and accident and help you determine the types of compensation to seek and what evidence you’ll need to prove those expenses.

Some factors that may affect the value of a child injury claim include:

• medical expenses;
• emotional therapy/counseling for your child;
• physical therapy;
• ongoing care for your child’s injury (if long-term or permanent);
• permanent disability and disfigurement;
• loss of quality of life (damaged social and academic experiences); and
• emotional suffering (stress and insecurity).

Since insurance adjusters typically compute non-monetary damages such as loss of quality of life and emotional suffering, the importance of having a child injury attorney in Clearwater to help represent the best interests of your child is paramount. Without the help of an attorney, the value of a claim could be significantly underestimated and you could end up accepting an offer for well below what your Florida child injury claim is worth.

It’s also important to be aware of the restrictions and specific considerations present in Florida child injury claims. For example, settlements over $15,000 may require court approval. Additionally, settlements or awards over $15,000 may be put into a restricted bank account that could require a court order or similar petition to withdraw any funds. Your Clearwater child injury attorney can explain how these restrictions may impact your case.

In order to make sure all avenues for compensation for your child have been explored, you’ll want to consult with a child injury attorney in Clearwater as soon as possible about whether you are eligible to file a Florida child injury claim on behalf of your loved one.

A: Children want to be near fireworks and have little understanding of their potential danger. Many times injuries occur because a child is too close when a firework explodes. Sparklers burn at 1000 degrees Fahrenheit and can ignite clothing. Children are curious. They want to handle them. Sometimes, a “dud”, which initially fails to ignite will do so after a child has picked it up. They also lack the physical coordination to evade sudden danger.

Because of the emotion involved, child injury cases are some of the most difficult to handle. Some of the injuries children suffer are the same as adults, such as auto accidents (the leading cause of injury to children) as well as slip/ falls.

A: Homeowners insurance policies will provide coverage for the negligence of the homeowner. Almost any act of a neighbor handling or permitting the use of fireworks which cause someone to be injured would be considered negligence and should be covered. The typical homeowners insurance policy in Florida provides up to $300,000 in liability coverage to pay for serious injuries and losses.

Because of the emotion involved, child injury cases are some of the most difficult to handle. Some of the injuries children suffer are the same as adults, such as auto accidents (the leading cause of injury to children) as well as slip/ falls.

A: Yes, I handle dog bites. Unfortunately, dog bites are the second leading cause of injuries among children. The vast majority of bites to children occur on the face. Most people in a situation such as yours, would think that because it happened on their property their homeowner’s insurance company would handle the claim. However, the claim is actually against the dog owner’s insurance company because in Florida the dog owner is held to be strictly liable when their dog bites someone. So the claim is against your visitor’s homeowner’s insurance.

Because of the emotion involved, child injury cases are some of the most difficult to handle. Some of the injuries children suffer are the same as adults, such as auto accidents (the leading cause of injury to children) as well as slip/ falls.

A: Your son is treated similar to a pedestrian and would be covered by the No-Fault/PIP insurance of the car that hit him.  That coverage would be obligated to pay the first $10,000 of his medical expenses.  In addition, the bodily injury liability coverage insuring the at-fault driver would be available to pay up to the limits of the policy for any medical expenses not paid by PIP, as well as his other damages, including physical pain, suffering, scarring, disfigurement, loss of the enjoyment of life, medical expenses to be incurred in the future, and, potentially, loss of future earning capacity.  If your son’s damages were greater than the liability insurance coverage available, any uninsured/underinsured motorist coverage on your car insurance would be available as well, if your son resided with you.

Because of the emotion involved, child injury cases are some of the most difficult to handle. Some of the injuries children suffer are the same as adults, such as auto accidents (the leading cause of injury to children) as well as slip/ falls.

A: Florida does not have a mandatory helmet law for bicyclists who are 16 years or older. However, anyone who is younger than 16 years old and riding a bicycle is required by state law to wear a helmet that is properly fitted and securely fastened. It is generally recommended that people of all ages wear a helmet when riding a bicycle.

Why require children to wear bicycle helmets? The reason Florida children are required to wear helmets when riding a bicycle is the same reason adults are advised to wear helmets: safety. Multiple studies have proven that wearing a helmet could save your life or your child’s life in the event of a bicycle accident. Why take a risk with one so important to you?

Bicycle Helmets and Personal Injury Claims

If you have been injured in a Florida bicycle accident or your child has been injured in a bicycle accident, you may still be able to recover compensation, even if the victim wasn’t wearing a helmet. In other words, if your child is struck by a car and not wearing a helmet-in violation of the helmet law-but the driver who struck your child is determined to be at fault, they will still be held liable for your child’s injuries.

However, if the victim was not wearing a bicycle helmet there may be some considerations regarding head injuries as part of your injury claim. Your bicycle accident attorney can talk to you about the specifics of your case and if or how not wearing a helmet will impact your case.

Recovering from your injuries after a Florida bicycle accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer, contact the Law Offices of James. W. Dodson to set up a FREE consultation with a Clearwater bicycle accident attorney – 1-888-340-0840.