Help with the decisions adults must make
Miami Child Injury Lawyer
When your child is hurt in Miami, you may be asked to approve treatment, give a statement or sign insurance papers. Miller & Jacobs can review those decisions, investigate who caused the injury, and assess a settlement while your child’s care continues.
Free consultation. No attorney fee unless compensation is recovered.
$300M+
Reported Recoveries for Injured Clients
50+ Years
Combined Legal Experience
230+
Combined Jury Trials Across Their Careers
Former Prosecutors
Experienced Trial Attorneys
A decision can arrive before a diagnosis
Get the purpose of each document clear before agreeing to it.
An incident acknowledgment records a report. A medical authorization permits access to health information. A settlement release may end legal claims. Ask for a complete copy with all attachments, and check what the document actually says.
Medical care comes first. Follow the treating team’s instructions and raise new symptoms with them. For the legal review, bring the paperwork and explain what the insurer, school, activity provider, or property manager has asked you to do next.
Our Miami personal injury lawyers can separate the immediate decision from the investigation that may still be needed.
The child’s money has legal protections
A payment agreement is not the same as permission to use the funds.
A child’s settlement may need court approval, a guardian to manage the money, or an independent person to review the terms. The rules depend on whether a lawsuit has begun, the amounts involved, and any existing guardianship.
Ask for a written breakdown before deciding.
Ask for a written breakdown of the total offer, fees, case costs, liens and other deductions. A lien is a legal claim against the recovery. The gross settlement is the amount before deductions. The net settlement is what remains for the child. Florida uses different amounts for different safeguards.
The Eleventh Judicial Circuit’s guardianship guidance explains that a guardian must seek court authority over a child’s protected assets. Do not assume settlement money can go into a household account or be spent without approval.
Before the claim closes, counsel should check Miami-Dade’s court requirements and the proposed payment plan. Approval of a settlement and later use of the child’s money are separate questions.
Has a lawsuit already been filed?
Under section 744.387, once a lawsuit has been filed for the child, the court must approve the settlement. That rule applies regardless of the offer’s size.
What will the child receive after deductions?
If the child’s net settlement exceeds $15,000, Florida law requires a property guardianship. This puts a court-appointed guardian in charge of the money. Counsel should check any existing guardianship and the payment plan before funds are collected or paid out.
Does someone independent need to review it?
A guardian ad litem is an independent person appointed to protect the child’s interests. Section 744.3025 generally requires one when the gross settlement involving a minor is at least $50,000. The court need not appoint one if an existing guardian has no potential conflict with the child. It may appoint one in other qualifying cases.
Room to be a family
The paperwork can ask for a final answer while your child is still learning what feels normal.
A return to class does not necessarily mean a return to sports, sleep, or comfort. You can describe the ordinary things that remain difficult without turning every family moment into evidence gathering.
Name the operator, not just the address
One Miami location can involve several different decision-makers.
We identify the program, contractor and property owner, then examine who controlled the activity or could fix the hazard. A negligence claim needs proof that a failure to use reasonable care caused the injury, not just proof that the child was hurt.
Public programs
A school or county-run activity
For a public school or county program, name the organizer and any outside company involved. Florida’s government-claim law sets special notice rules and liability limits for claims against public bodies. An email to a teacher or park incident report may not meet those notice rules.
Shared property
A condominium pool or common area
Save the property address, manager’s name, access rules and available photos. The association, manager, owner and maintenance contractor may each hold useful records. A faulty gate and a failure to supervise raise different questions, even at the same pool.
Organized activities
A camp, lesson, or paid excursion
Keep the booking confirmation and full participation agreement. The business taking payment may not be the operator. A parental waiver does not resolve every claim. We check its wording and whether it covers the risk that caused the injury.
Transport and equipment
A vehicle, animal, or failed product
Driver identities, animal-owner information, and product labels lead to different investigations. Store an item that may have failed safely without testing or altering it. Preserve purchase records and any messages about repairs, warnings, or a recall.
An injury linked to medical care needs a separate review. The question is whether the provider failed to meet the required standard of care and caused harm. Florida also requires steps before a malpractice lawsuit. A poor outcome alone does not prove malpractice.
Bring the decision in front of you
Let us review the paperwork before the claim is closed.
Tell us what you were asked to sign and what remains unknown about your child’s condition. We can discuss the next legal step and whether further records are needed.
MILLER & JACOBS • POMPANO BEACH OFFICE
1600 S. Federal Highway, Suite 1101 · Pompano Beach, FL 33062
Showing what changed
School accommodations and treatment records answer different questions.
Treatment records explain the diagnosis and care. School restrictions and family notes show effects on daily life. Long-term claims need evidence beyond those day-to-day observations.
The care actually recommended
Keep referrals, prescriptions, therapy recommendations, bills, and written restrictions. If a recommendation changes, preserve both versions and the date rather than replacing the earlier record.
The adjustments outside the clinic
Note missed classes, changed activities, help with dressing or travel, and changes teachers report. Describe what you see; leave medical conclusions to qualified professionals.
The needs that remain uncertain
Future care costs and reduced ability to earn a living may need medical or financial evidence. If the outlook is unclear, the claim should reflect that uncertainty instead of assuming full recovery or permanent disability.
Keep records of a parent’s missed work and expenses, too. These may belong to the parent’s claim, not the child’s. Counsel should check who can seek each loss.
Miami-Dade records and practical access
Keep the incident file separate from the settlement file.
The first file explains the event: reports, photos, witness details, and the people responsible. The second explains the proposed resolution: insurance correspondence, releases, deductions, and court paperwork. Keeping both makes it easier to see which unanswered question an offer does not address.
The incident file
Record the municipality and actual street address. A Miami mailing address does not identify which agency, school, or property operator holds the relevant records. Preserve original messages rather than only cropped screenshots.
Include the report reference, organizer’s contact details, agreements, photographs, and any request to preserve video.
The settlement file
Keep each offer and release, the deduction breakdown, and papers showing who can act for the child. Include any case number and court orders. Counsel can identify the right court process; not every child injury matter belongs in the Children’s Courthouse.
Miller & Jacobs serves Miami families from its established South Florida office. This page does not describe a separate Miami office.
Investigation while treatment continues
Preserve the claim without pretending the future is settled.
Medical care and legal deadlines can be addressed at the same time. Follow the care plan while counsel checks filing dates and updates the claim as new information arrives.
1
Identify the records at risk
Find out who holds video, staff schedules, inspection logs and equipment records. Counsel can request that relevant records be kept. A request does not mean video exists or give an automatic right to receive every record.
2
Test the cause against the facts
We compare the accounts with the site conditions and safety duties, and consider other possible causes. Technical or medical disputes may need qualified experts.
3
Evaluate an offer against known needs
Review the medical findings, supported future care, insurance and deductions together. An insurer’s response date may differ from the lawsuit deadline. A settlement offer does not tell you how your child will recover.
A child’s birthday is not a safe filing plan.
Florida’s limitation statute generally gives two years to file an ordinary negligence lawsuit. Counsel must check when the time started and whether an exception applies. Medical, product and government claims can follow different rules.
Florida’s tolling statute can pause a child’s deadline in limited cases. Counsel must check whether any parent, guardian or guardian ad litem can act without a conflicting interest or a court finding that they cannot sue. Childhood alone does not extend every deadline to adulthood.
The people responsible for the firm
Learn who you are asking to handle your child’s claim.
Partners Mark J. Miller and Rick S. Jacobs lead Miller & Jacobs. Their biographies explain their backgrounds and trial experience, so you can assess the firm before deciding on representation.
Practical questions about consent and recovery
Before the next form, appointment, or insurance call
Bring the actual form or offer to the consultation. Its wording and your child’s circumstances determine the next step.
Is permission to release medical records the same as settling the claim?
No. A medical-records authorization lets someone obtain specified health information. A settlement release may end legal claims. Check the wording and scope of each document, and bring the full copy to the consultation.
Can a program require a new waiver after the injury?
A new form needs its own review. Do not assume it merely confirms an earlier agreement or that signing is the only way to obtain an incident report. Identify the date, activity, and rights the form addresses, and keep every version.
The medical bills are paid. Could other losses still matter?
Yes. Paid medical bills may leave other losses unresolved, such as pain, limits on daily activities or supported future care. Also check whether the payer can seek repayment. Review the full release before closing the claim.
Our child turns 18 soon. Does that remove the need to check deadlines now?
No. A birthday does not restart an expired filing period. Counsel should check the dates and claim type now, along with who has authority to act before and after the child reaches adulthood.
Do we need to travel to a Miami office for an initial review?
Call first to discuss your circumstances and how to provide documents. Miller & Jacobs serves Miami from its Pompano Beach office.
What if an insurer wants one payment for the parent and child together?
Ask for a breakdown of the parent’s and child’s shares. They may have separate claims and different interests or deductions. One payment cannot be used to bypass the safeguards that apply to the child’s share.
Will asking about an offer commit us to filing a lawsuit?
No. A free consultation lets you discuss the facts and options before choosing representation. If the firm accepts the injury matter, there is no attorney fee unless compensation is recovered; the written agreement addresses the terms.
Further guidance from Miller & Jacobs
Match the next resource to the cause of the injury.
The broader injury guide explains how negligence claims are assessed. Specific practice pages offer more detail when a vehicle, unsafe property, or medical care is involved.