Was your child injured in a recent Orlando accident by another person? You may want to talk to an Orlando child injury lawyer. Child injury attorneys in Florida are skilled in legal cases where someone else’s negligence or wrongful actions harms a child.
These cases can involve car accidents, slip-and-falls, medical malpractice, school-related incidents, or even injuries from defective toys or products. They allow the child and their family to secure compensation for medical bills, emotional trauma, and long-term care needs.
The Orlando child accident attorneys at Miller & Jacobs Accident Attorneys can seek justice for your child’s recent injury.
Why Choose Our Orlando Child Injury Attorneys?
Our Orlando child injury attorneys have represented Florida clients for decades and are highly respected in the community. The experienced, tenacious Orlando personal injury attorneys at Miller & Jacobs Accident Attorneys have compiled an impressive case record.
Recent settlements include:
- $1.2 million car accident settlement
- $600,000 car accident settlement
- $750,000 truck accident settlement
- $500,000 truck accident settlement
- $300,000 car accident settlement
Our child injury law offices are at 5401 South Kirkman Road in Orlando, Florida. Our office is situated near Florida Turnpike and across the street from Westgate Resorts Foundation.
Call (877) 848-5297 for your complimentary legal consultation. You do not pay Miller & Jacobs Accident Attorneys unless you win your case.
Orlando Personal Injury Compensation
In an Orlando child injury claim, the compensation you can seek depends on the case’s specific circumstances, including the nature and severity of the injury, the impact on the child’s life, and the negligence of the responsible party.
Damages that your Orlando child injury attorney may obtain for you are:
Economic Damages
These cover measurable financial losses resulting from the injury:
- Medical expenses: Includes past and future costs for hospital stays, surgeries, doctor visits, medications, rehabilitation, therapy, and any necessary medical equipment. Future medical care costs can be a significant portion of the claim for severe or permanent injuries.
- Lost earning capacity: If the child’s injury results in long-term or permanent disability affecting their ability to work, you may seek compensation for diminished earning potential. It often requires expert testimony to estimate.
- Other out-of-pocket costs: This can include travel expenses for medical appointments or special care.
Non-Economic Damages
These address intangible losses that don’t have a direct monetary value but significantly affect the child’s quality of life:
- Pain and suffering: Compensation for the physical pain and discomfort the child endures due to the injury. Severe injuries, such as fractures, burns, or traumatic brain injuries, may increase this amount.
- Emotional distress: Covers psychological impacts like anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the incident.
- Loss of enjoyment of life: If the injury prevents the child from participating in activities they once enjoyed (e.g., sports, hobbies), this can be factored into the claim.
- Permanent disability: Compensation for injuries causing lasting impairments may reflect the lifelong impact on the child’s physical and emotional well-being.
Parental Claims
Parents or guardians may also seek compensation for losses they experience due to the child’s injury:
- Loss of filial consortium: In cases of severe or permanent injury, Florida allows parents to claim damages for the loss of companionship, love, and support from their child. This is less common and typically applies only to significant injuries.
- Parental economic losses: Parents can recover costs like lost income from taking time off work to care for the injured child or expenses for additional caregiving support.
Factors Affecting Compensation
Factors that will affect the amount of compensation for a child injury are:
- The severity of the injury. A traumatic brain injury will have a higher case value than a bruise or sprain injury.
- Medical costs: More serious injuries have higher medical expenses, including ER care, ambulatory care, hospital stays, surgeries, therapy, and medications. A disabling injury may incur long-term medical expenses.
- Impact on the child’s life: A paralysis injury will have a devastating impact on the child’s mental and physical well-being, while a broken bone has less effect.
- Future earning capacity: Will a child’s earning ability be affected by a serious injury? In this case, the claim will be worth more.
A skilled Orlando child injury attorney at Miller and Jacobs Accident Attorneys will demand the most compensation for your child’s losses and injuries.
Where Do Child Injury Accidents Happen In Orlando?
Orlando has a variety of accidents involving children because it is a large tourist destination and commercial and residential hub of Florida.
Some of the common places where child accidents happen are:
- Theme parks: Orlando is home to world-famous theme parks like Walt Disney World, Universal Studios, and SeaWorld. Despite safety regulations, accidents occur due to ride malfunctions, operator errors, or inadequate supervision. Children are particularly vulnerable to injuries from falls, collisions, or equipment failures. Common places where child accidents occur are at ICON Park and Disney World.
- Residential areas: Most unintentional child injuries occur at home due to falls, drownings in backyard pools, or accidents involving household items. Florida’s warm climate means pools are common, and Orlando’s suburban sprawl amplifies this risk.
- Schools and daycares: Negligent supervision, unsafe playground equipment, or slip-and-fall hazards can lead to injuries. Schools are expected to be safe, but lapses occur, especially during recess or physical activities.
- Roads and interstates: Orlando’s busy roads, like International Drive or I-4, see frequent traffic accidents involving children as pedestrians, cyclists, or passengers. Driver distraction and high tourist traffic contribute.
- Playgrounds, parks, and pools: Public recreational areas often have outdated equipment, poor maintenance, or insufficient supervision. Orlando’s numerous parks and community pools heighten exposure.
Types of Child Accidents and Injuries
Head and Brain Injuries
- Concussions
- Traumatic brain injuries (TBI)
- Skull fractures
- These can result from falls, collisions, or being struck by objects and may lead to long-term cognitive or developmental issues
Fractures and Bone Injuries
- Broken arms, legs, or collarbones
- Growth plate injuries (which can affect future bone development)
- Common in playground accidents, bike crashes, or sports-related incidents
Soft Tissue Injuries
- Cuts, lacerations, or abrasions
- Bruises or contusions
- Sprains and strains
- Often seen in minor falls or rough play but can still require medical attention
Burns and Scalds
- Thermal burns
- Chemical burns
- Electrical burns
- These might occur due to unsafe environments or defective products
Internal Injuries
- Organ damage
- Internal bleeding
- Typically associated with high-impact accidents like car crashes or severe falls
Spinal Cord and Back Injuries
- Herniated discs
- Spinal fractures
- Paralysis (in severe cases)
- These can stem from car accidents or significant falls
Retain an Orlando child injury attorney immediately if you believe someone’s negligence caused the injury.
Fighting The Insurance Company
Your child suffered an injury in a serious Orlando accident. The farthest thing from your mind is fighting with the liable insurance company.
Unfortunately, the insurance company may balk when you need them to pay what you deserve. That’s why you should have an Orlando personal injury attorney take over your case. Common insurance issues after a serious accident include:
PIP Insurance Problems
Florida operates under a no-fault insurance system for car accidents, meaning your Personal Injury Protection (PIP) coverage, required by law at a minimum of $10,000, pays for your medical bills and lost income (up to 80 percent of medical costs and 60 percent of lost income) regardless of who caused the accident.
However, this system often leads to problems when filing a personal injury claim, especially if injuries exceed PIP limits or involve non-car-related incidents like slip-and-falls or medical malpractice.
An Orlando personal injury attorney will work with the insurance company to ensure you receive your PIP benefits.
Personal Injury Claim Undervalued
One frequent issue is insurance companies denying or undervaluing claims. In Florida, insurers may argue that your injuries don’t meet the serious injury threshold required to step outside the no-fault system and pursue a claim against the at-fault party’s insurer.
Even with PIP, coverage caps out quickly, $10,000 doesn’t stretch far with serious injuries, and if the other party lacks bodily injury liability coverage (not mandatory in Florida unless triggered by specific violations), you’re left chasing your own uninsured/underinsured motorist (UM/UIM) coverage, assuming you have it.
Delays And Bad Faith
Another problem is delays or bad faith tactics. Insurance adjusters might drag their feet, request excessive documentation, or offer lowball settlements to pressure you into accepting less than your claim’s worth.
Florida law allows insurers 30 days to pay PIP claims once proof of injury is submitted, but investigations for fraud can extend this to 60 days, leaving you in limbo. Beyond PIP, liability claims against another party’s insurer can stall if they dispute fault or downplay your damages.
Lowball Settlement Offers
The liable insurance company may call you within hours of the accident that injured your child. They can offer a quick settlement but are probably not acting in good faith.
Their strategy is to get you to agree to a low settlement before you hire a personal injury attorney. It is best to not talk to the other party’s insurance company. Let your attorney handle the insurance adjusters.
Medical Expenses May Exceed Coverage
Finally, medical bills outpacing coverage are a headache. PIP only covers 80 percent of medical costs, and if you don’t seek treatment within 14 days of a car accident, you forfeit PIP benefits entirely.
For non-car injuries, you rely on the at-fault party’s liability insurance, if they have it, or your health insurance, which might not fully cover accident-related costs. You can seek reimbursement from any settlement.
Your Orlando child injury attorney is adept at dealing with complex insurance companies after a serious accident. Let your lawyer handle the insurance company, and you can focus on your child.
What to Do After a Child Injury Accident In Orlando
Always get immediate medical attention for your child in Orlando after an accident.
Then, you should take several actions to ensure you have legal options if a lawsuit is necessary:
- Report the accident: Contact the Orlando Police Department or Florida Highway Patrol to file an official report, especially if there’s significant damage, injury, or a dispute about what happened. Florida law requires reporting crashes involving injuries, fatalities, or damage that typically prevents a vehicle from being driven.
- Gather evidence: Take photos of the scene, including vehicle damage, road conditions, traffic signs, and any visible injuries. Collect contact info from witnesses and the other driver(s) — name, phone number, insurance details, and license plate numbers.
- Avoid admitting fault: Don’t apologize or say anything that can be interpreted as accepting blame, even casually. Stick to the facts when speaking to the police or the other party.
- Notify your insurance: Report the accident to your insurer promptly, but avoid giving a detailed recorded statement until you’ve consulted a lawyer. Insurance companies might use your words to minimize their payout.
- Keep Records: Save everything, such as medical bills, repair estimates, tow receipts, and any correspondence related to the accident. This documentation can support a claim for damages.
Last, always consult a child injury lawyer in Orlando. A local attorney familiar with Orlando’s courts and Florida law can advise you on deadlines and whether you have a case worth pursuing.
Speak to an Orlando Child Injury Lawyer Today
When your child suffers an injury because of someone’s negligence, you need to have aggressive legal representation to help. Miller & Jacobs Accident Attorneys are available to help now.
You can speak to one of our Orlando child injury attorneys today in a free consultation at (877) 848-5297.