How long do I have to file a child-injury case in Florida?
Florida generally tolls the statute of limitations during a plaintiff's minority under Fla. Stat. § 95.051(1)(h). For most personal-injury cases involving a child, the clock does not begin until the child turns 18. Shorter deadlines apply for medical malpractice (Ch. 766, with a statute of repose) and cases against government entities (§ 768.28). Do not assume tolling protects the case indefinitely.
Do settlements involving my child require court approval?
Yes, over the statutory threshold in Fla. Stat. § 744.387. A guardian must be appointed and the court reviews and approves the settlement. Plata Schott Law handles this process routinely.
What is a structured settlement, and why do we use them for children?
A structured settlement pays the recovery out over time via annuities rather than as a lump sum. For children, it protects the money until adulthood, provides predictable income, and can preserve public-benefit eligibility.
My child was injured at school. Can I sue the school district?
Public schools are subject to sovereign immunity under Fla. Stat. § 768.28, which requires written pre-suit notice within three years and caps damages at $200,000 per person / $300,000 per incident absent a claims bill. Private schools follow standard tort rules.
I signed a liability waiver at a camp or sports program. Can I still sue?
Not always. Florida law is skeptical of parents signing away a child's future claims in advance, especially for gross negligence. Waivers are sometimes enforced but frequently defeated in serious injury cases.
My child was in the car during an auto accident. How is their claim different?
PIP covers the child's initial medical bills. The child's separate bodily-injury claim runs on a different timeline (tolled minority) and is settled through § 744.387. Parent and child claims need to be handled as separate matters.
What does it cost to hire Plata Schott Law for a child-injury case?
Contingency-fee basis. No attorney's fees unless we recover compensation for you. Costs and expenses may apply. The initial consultation is free.
Do you handle Spanish-speaking families?
Yes. The firm is bilingual and attorney Belkis Plata's first language is Spanish. Spanish-speaking families work with her directly.