My Child Was Hit by a Car: What Happens Next in Florida
A mother wrote in a review that Shannon "drove over 2 hours to meet us at the hospital and help start the process for a personal injury claim." Her son had been hit by a car at speed while crossing in a residential neighborhood and spent a week in the ICU. She said they were lucky he was alive.
That case resolved for $350,000 (gross, before attorney's fees and costs), after the insurance company's early offers were, in her words, "small amounts." Past results do not guarantee a similar outcome; every case is unique and decided on its own facts.
This post is what we tell parents in that hospital hallway. If your child has just been hit, the next 72 hours involve decisions that shape everything after.
The first 72 hours: three phone calls
The other driver's insurer will call you. Often within a day. The adjuster will be kind, will ask how your child is doing, and will ask for a recorded statement. You have no obligation to that company — no contract, no duty. Decline politely, say you'll be represented, and end the call. Here's the exact script.
Your own insurer needs to be notified. You do have a contractual duty to cooperate with your own carrier. Report the crash. Your PIP and UM coverage may both matter.
The hospital will ask you to sign things. Insurance information, yes. Broad medical authorizations for a third-party insurer, no — not yet. A narrow authorization limited to this incident is reasonable; a general release of your child's entire medical history is not.
PIP and the 14-day rule
Florida is a no-fault state. Your own Personal Injury Protection coverage pays 80% of medical expenses, up to $10,000, regardless of fault, and it covers a resident relative — your child — struck as a pedestrian. But under § 627.736, the injured person must receive initial treatment within 14 days of the crash or PIP benefits are forfeited. An ER visit satisfies that. If the injuries seemed minor and you went home, go to a doctor within 14 days regardless. Children underreport pain and adrenaline hides injury.
Why early offers on children's cases are low
The early offers in the case above were small. That's the model, not the exception. An insurer makes an early offer for two reasons: it's betting a frightened family wants closure, and it's betting you don't yet know what the injury will cost.
A child's case isn't valued at the ER bill. It's valued at the future — function, growth, therapy, the surgery that may be needed years from now, and the way a serious injury changes what a kid can do. None of that can be priced at week two. A lawyer's job is to refuse to let it be priced at week two: to document treatment, wait for a real prognosis, and be willing to file suit if the insurer won't move.
Who actually pays
The driver's bodily injury coverage. If they have it — Florida doesn't require it. The minimum required is $10,000 PIP and $10,000 property damage liability.
Your own uninsured/underinsured motorist coverage. Under § 627.727, UM steps in when the at-fault driver has no or too little coverage. It's one of the most important coverages for protecting your family from someone else's bad driving. Check your policy today.
Other responsible parties. Depending on the facts — a vehicle owner different from the driver, an employer if the driver was working, a dangerous road condition — there may be additional coverage. Finding every policy is part of the job.
How a minor's settlement is protected
A settlement for a child in Florida goes through the court. For larger recoveries, the court appoints a guardian of the property and approves how the funds are held, which can include structured payments or a restricted account until the child reaches adulthood. That process exists so the money is still there when it's needed — for the surgery at sixteen, for school at eighteen — rather than absorbed into household expenses at ten.
The deadline
Under § 95.11, most negligence claims accruing on or after March 24, 2023 must be filed within two years. Claims involving minors have their own rules, and the safe course is to get advice early rather than count on tolling.
Why families come back
The mother in this case hired Shannon twice. The second time was for a juvenile defense matter. We handle child injury and juvenile defense in the same office, so a family in crisis doesn't have to start over with a stranger.
If your child was hit by a car anywhere in Jacksonville or Northeast Florida, call us — including from the hospital. The consultation is free, you pay nothing up front, and if we don't win, you owe us nothing.
📞 904-619-5244 📍 4411 Sunbeam Road #23519, Jacksonville, FL 32241
This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Every case is unique and decided on its own facts. Testimonial reflects one client's experience; results vary.