Skip to content
Legal Challenges in Florida Child Injury Cases: Expert Guide
When a child is injured in Florida, the legal process to secure compensation can be tough. From proving negligence to overcoming insurer tactics, parents face big hurdles. At Kaiser Romanello, we’ve guided many families through these obstacles to win justice for their kids. Here’s what you need to know about legal challenges in Florida child injury cases and how our skilled attorneys can help.
Navigating the Complexity of Child Injury Cases
Child injury cases in Florida often involve unique legal issues due to kids’ vulnerability. Whether the injury stems from a car accident, day care negligence, or a defective product, parents must prove another party’s negligence caused the harm. A 2024 case in Jacksonville involved a child hurt by a faulty toy. The family had to navigate product liability laws to hold the manufacturer accountable.
Children’s cases differ from adult injury claims because courts consider their limited ability to understand risks. Property owners, caregivers, and manufacturers have a higher duty to ensure safety. However, proving this duty was breached often requires extensive evidence, like incident reports, safety violation records, or expert testimony. Our Florida child injury attorneys at Kaiser Romanello carefully build your case to overcome these legal hurdles.
Common Legal Challenges Parents Face
A key challenge is overcoming defenses that blame the child or parents. In a recent Fort Lauderdale case, a property owner blamed a child’s fall at a community pool on parental negligence. They claimed it wasn’t due to an unfenced pool area. Florida law, however, imposes strict duties on property owners to secure attractive nuisances like pools, which we use to counter such defenses and prove liability.
Another hurdle is handling insurance companies that minimize payouts. Insurers may argue the child’s injuries aren’t severe. They might offer settlements that don’t cover long-term care, like therapy for emotional trauma. Florida’s two-year statute of limitations for personal injury claims adds pressure, as delays can harm your case. Our legal team negotiates firmly with insurers, ensuring your child’s needs are fully met.
The Role of Evidence and Experts
Strong evidence is vital to overcoming legal challenges. Medical records, witness statements, and safety violation records can show how negligence caused your child’s injury. In a 2024 Tampa day care case, records of understaffing proved negligence. A child fell during unsupervised play, and this evidence helped the case. Expert testimony, like from a pediatric specialist, can also highlight the long-term impact of injuries, strengthening your claim for compensation.
At Kaiser Romanello, we thoroughly gather evidence. We consult experts to analyze safety standards and medical outcomes. This ensures your case stands up to scrutiny. Our detailed approach helps us secure funds for medical bills, future care, and your child’s pain and suffering.
Protect Your Child’s Future
Child injury cases in Florida require careful handling of legal challenges. You don’t have to face them alone. Kaiser Romanello is here to support your family— contact our child injury lawyer today to discuss your case, or learn more about our comprehensive child injury services here. Call 844-877-8679 for a free consultation. Florida’s four-year statute of limitations makes time critical. Act now to secure justice and compensation for your child.
