Child Injury Lawyer Melbourne, FL
A Melbourne child injury lawyer helps families recover compensation when a child is seriously hurt by another party’s negligence, from car crashes and pool drownings to daycare, school, and playground injuries. At Platt Cole Russell & Simpson PLLC, our attorneys protect injured children’s rights across Brevard County and pursue every available source of recovery.
When your child is the injured party, the stakes are higher, and the rules are different. Our Melbourne personal injury attorneys offer a free consultation and work on a contingency-fee basis, so you owe no attorney fees unless we recover for your family. As a Brevard County child injury lawyer team, we handle every step so you can focus on your child’s recovery. Call (321) 725-3425 to talk with us today.
Personal Injury Attorneys For Injured Children in Brevard County
Platt Cole Russell & Simpson is based in Melbourne and represents injured children throughout Brevard County and the wider Space Coast. Because Brevard’s civil claims proceed in the 18th Judicial Circuit, families benefit from a firm that knows the county’s courts, corridors, and hospitals firsthand. As your Brevard County child injury lawyer, we serve families in:
- Melbourne and West Melbourne
- Palm Bay
- Titusville
- Cocoa, Rockledge, and Cocoa Beach
- Merritt Island
- Satellite Beach, Indialantic, and Melbourne Beach
- Viera and unincorporated Brevard County
Why Families Choose a Brevard County Child Injury Lawyer From Platt Cole Russell & Simpson
Victims across Brevard County choose our personal injury law firm because we fight for not only what each child deserves, but also focus on damages for the entire family. We prepare personal injury cases for trial, and we handle child injury cases with the compassion and direct communication we’d expect for our loved ones. Our Brevard County child injury attorneys work on a contingency basis. This means clients don’t pay anything unless we win, whether through negotiations or through litigation.
Hiring a children’s injury lawyer who’s ready to litigate shows insurers that your child’s injury claim will be taken seriously. We’ve got kids, and we don’t play games with insurance companies.
Call (321) 725-3425 to discuss getting legal help.
Common Causes of Children’s Injuries in Brevard County
Children across Brevard County are hurt in predictable ways, and understanding how a child was injured helps a family identify who is responsible. Nationally, unintentional injuries are the leading cause of death for children ages 1 to 14, and roughly 20 children and teens die from an unintentional injury every day. A Melbourne child injury lawyer at our firm investigates each of the causes below to trace fault and preserve evidence early.
Wrongful Death of a Child
The loss of a child is the most devastating outcome. In Florida, parents can seek justice and get answers to what happened through wrongful death claims. Our Melbourne wrongful death lawyers navigate these cases with care, and families should speak with a Melbourne child injury lawyer as soon as possible to protect time-sensitive evidence.
Child Injured in Car Accident Or Other Motor Vehicle Accident
Children are frequently hurt as passengers in crashes on US-1, US-192, Babcock Street, Palm Bay Road, I-95, SR-528 (Beachline), and SR-520. Their smaller bodies make them especially vulnerable to significant injuries. A child’s car accident claim in Melbourne, FL is legally separate from a parent’s, and crashes involving Melbourne trucking accidents can raise the stakes further.
Student Hurt in Brevard County School Bus Accident
When a child is hurt in a Brevard County school bus accident, the claim often looks different from a typical car crash case because the bus is usually operated by Brevard Public Schools. When a public agency is the negligent party, accident victims are required to navigate shorter notice deadlines and damage limits. A Melbourne child accident lawyer can identify every liable party and work to secure the support and resources they deserve.
Child Struck By Vehicle: Pedestrian & Bicycle Accidents
Children are struck by trucks, cars, and other passenger vehicles in crosswalks, near school zones, at Palm Bay intersections, in downtown Melbourne, and along Space Coast beach roads. Failure to yield and distracted driving are common causes. We pursue bicycle accident claims and pedestrian injury claims in Melbourne and across the Space Coast for young accident victims.
Swimming Pool Accidents & Drowning
Our law office is no stranger to accidental drowning claims in Melbourne. This is the leading cause of unintentional death for Florida children ages 1 to 4, and the state has long led the nation in fatalities for that age group. We also help young accident victims in the aftermath of swimming pool accidents in Melbourne. Water-related cases arise for many reasons: residential pools, public or apartment pools, waterparks, or open water in the Indian River Lagoon and Banana River. Property owners and landlords may be held accountable when a pool is unfenced or left unsecured. Whether your child suffered from oxygen deprivation or if you lost them to an accidental drowning, we’re here to help seek justice and maximum compensation.
Child Sexual Abuse & Physical Abuse Cases
Child sexual abuse and physical abuse cases give victims a way to hold at-fault parties liable civilly, separate from criminal trials. Physical and sexual abuse cases often reach beyond the individual abuse to the institutions that enabled it. This can include schools, daycares, churches, youth programs, sports programs, or other entities that negligently hired, supervised, or ignored red flags. Additionally, Florida law treats childhood sexual abuse differently than physical injury cases, allowing more time to file suits. We navigate these cases with the compassion and confidentiality victims deserve.
Playground Accidents & Theme Park Accidents
Theme park and playground accidents commonly result from negligent maintenance, dangerous playground equipment, unsafe surfacing, and negligent parties who were supervising. Many of these cases fall under premises liability claims in Melbourne, FL. When the playground is owned or operated by a city, county, or school, this may trigger sovereign immunity and pre-suit notice requirements.
Summercamp, Daycare & School Accidents
When children are hurt at school, daycare, or summer camps, it’s often a result of unsafe equipment or inadequate supervision, with supervisors generally being the main at-fault party in private settings. While cases generally proceed under premises liability, when the at-fault party is a public school or property, our children’s accident lawyers file the pre-suit notice and navigate the state’s immunity framework.
Boating, Jet Ski, & Beach Injuries
The Space Coast’s waterways create risks unique to Brevard residents. Our law offices provide legal representation for children hurt in jet-ski crashes, in propeller strikes, and boating accidents across the Space Coast. We also pursue child injury claims for marina and beach accidents along the Indian River, Banana River, Port Canaveral, and Cocoa Beach.
Dog Bites & Animal Attacks
Kids are bitten in the face far more than adults. Serious injuries from a dog attack often cause lasting scarring and trauma. The state follows strict liability for dog bites under Statute § 767.04, meaning the owner is responsible even if the dog had no history of aggression. Our legal team assists with dog bite cases throughout Brevard County.
Birth Injuries & Pediatric Medical Malpractice
Our children’s injury lawyers provide skilled legal representation for pediatric malpractice and birth injury claims across Brevard County. Medical malpractice cases are complex and require expert witnesses to prove and explain standard of care deviations. Birth injury and pediatric medical malpractice cases also have their own notice deadlines.
Dangerous Children's Products
Dangerous children’s products are responsible for thousands of ER visits and even more calls to disease control every year. The most common causes include:
- Cribs/bassinets with entrapment risks
- Toys with small parts or magnets
- Inclined infant sleepers tied to suffocation
- Furniture
- Clothing considered a fire hazard
- Accessories that pose strangulation dangers
Despite numerous complaints across communities, children’s product recalls only come after many have been hurt or killed as a result of the defect. Our Melbourne child injury lawyers work to hold product manufacturers, distributors, and retailers liable through product liability cases.
Common Types of Brevard County Child Injury Claims We Handle
A child’s injury is not measured only by today’s medical bills. Serious pediatric injuries mean medical care over a lifetime, developmental setbacks, and lost future earning capacity, which is why ongoing care needs are central to calculating your child’s injury claim. Our law firm has extensive experience navigating serious and catastrophic injuries in Brevard County, including traumatic brain injuries (TBI) and spinal cord damage. Common child injury cases include:
- Serious concussions and brain damage
- Spinal cord injuries and paralysis
- Birth injuries, like Cerebral Palsy, Erb’s Palsy, HIE, Facial Nerve Palsy, etc.
- Broken bones and growth-plate fractures
- Burns
- Organ damage
- Emotional and psychological trauma
Who Can File a Child Injury Lawsuit in Florida?
Minor children can’t file a personal injury lawsuit in their own name, so a parent or guardian brings the lawsuit for them. Judges can appoint a guardian ad litem or “next friend” to protect the plaintiff’s interests. Two personal injury lawsuits often run parallel: the parent’s case for their child’s medical expenses and the child’s lawsuit for pain and suffering and future costs.
How Florida Law Handles Children’s Personal Injury Lawsuits
The state follows different rules for adult and child injury cases. Understanding the difference is critical.
Statute of Limitations differs by case type.
Type of Child Injury Claim | Statute of Limitations |
General negligence/personal injury | 2 years from the date (as amended in 2023) |
Medical malpractice | 2 years from when the harm is or reasonably should have been discovered, subject to an outer limit |
Wrongful death | 2 years from the date of death |
Claim against a government entity | Written pre-suit notice required before filing a claim |
Modified comparative negligence is different for kids. The state applies modified comparative fault for personal injury claims. Victims who are over 50% at fault can’t recover compensation. If they’re 50% or less liable, recovery is reduced by their percentage of fault. However, the law presumes that a victim under 6 years old is incapable of negligence, so any reckless behavior can’t be used to reduce recovery the way it could for an adult.
Premises liability claims and attractive nuisance: Property owners owe a heightened duty of care when a hazard on their land is likely to attract little ones who don’t understand it’s dangerous. Under the attractive nuisance doctrine, property owners can be liable if a child was injured after being drawn in by a dangerous condition, like a pool or trampoline, even if they were trespassing. Judges look at whether the owner knew or should have known a child would be attracted and failed to take reasonable steps to address it.
Not using a car seat or booster seat can’t be held against the victim. Under Florida’s child-restraint statute, non-use of a restraint cannot be admitted as evidence of comparative negligence in most cases. This matters because insurers often try to shift blame onto parents.
If an insurer is disputing coverage or acting in bad faith, our attorneys also represent children in insurance claim disputes in Brevard County alongside the personal injury claim.
Brevard County Court Approval For Child’s Injury Settlement
There are different rules for adult and children’s injury settlements. Florida allows up to $15,000 settlements without court approval. Higher child injury claim settlements require approval and, in some cases, a guardian ad litem to protect the award. This ensures the money is protected and used for the victim’s benefit and isn’t spent before they’re adults.
Gross Settlement Amount | Approval | Guardian Ad Litem/Guardianship |
Net amount up to $15,000 | Typically not needed | Guardians can usually settle & collect without a property guardianship |
Net amount over $15,000 | Typically needed | A guardian of the property may be required to manage the funds |
Gross amount of $50,000+ | Necessary | A guardian ad litem is typically needed & a property guardianship is typically required |
A Melbourne child injury lawyer from our firm can guide you through Florida law on approving a minor’s settlement and follow the 18th Judicial Circuit’s guidelines for approving a minor’s settlement.
Financial Compensation For Children Harmed By Negligence in Brevard County
Compensatory damages should look different in a child’s injury case. At-fault parties must compensate for lifelong damages. Children’s injuries affect development and the ability to work as an adult. Calculating the future cost means working with expert witnesses to prove long-term care and damages over the victim’s lifetime.
Our personal injury attorneys can help seek compensation for the following and other damages:
Economic damages:
- Past medical bills and ongoing care, including therapy, medications, surgery, transportation expenses, and more
- Home modifications and assistive devices over the course of development
- Diminished earning capacity
- Parents’ lost wages
- Other damages for out-of-pocket costs
Non-economic damages:
- Pain and suffering
- Permanent scarring and disfigurement
- Disability
- Emotional trauma, PTSD, and loss of enjoyment of life
In fatal cases, we recover damages for wrongful death, including funeral and burial costs.
In addition, Florida caps punitive damages at $500,000 or three times compensatory damages. Our lawyers seek punitive damages in personal injury cases resulting from gross negligence or reckless behavior.
What to Do After Your Child Is Injured in Brevard County
If your child was injured, acting fast protects your right to take legal action. If possible, take the following steps within the first few days:
- Get immediate medical care
- Document the injuries suffered, the scene, and how the incident happened
- Keep every medical bill, medical record, and receipt
- Report the incident to the property owner, school, or management in writing
- Don’t give recorded statements to insurers before getting legal help
- Contact a Melbourne child injury lawyer before accepting any settlement, and schedule a free consultation
Local Knowledge: Melbourne and Brevard County Children’s Injury Cases
Personal injury claims in Brevard County proceed in the 18th Judicial Circuit. Cases are filed at the Moore Justice Center in Viera.
Victim’s families benefit from a law firm that knows how children’s injury claims move locally. Children who are injured in an accident typically receive medical treatment at local emergency rooms, and the most severe pediatric trauma is often transported to Orlando’s pediatric hospitals for specialized medical care. We can help secure medical records and other forms at the following facilities and more:
- Holmes Regional Medical Center
- Melbourne Regional Medical Center
- Palm Bay Hospital
- Parrish Medical Center (Titusville, north county)
Parents across the Space Coast region trust our Melbourne child injury lawyers because we understand the local courts and the true value of future medical treatment, earning capacity, education costs, and other damages. We have established relationships with medical experts across the state.
Florida Child Injury Claims FAQ
Can I sue on behalf of my minor child in Florida?
Yes, Florida children under 18 can’t file a claim in their own name. This means a parent or guardian takes legal action on their behalf. In some cases, judges will appoint a guardian ad litem to protect the child’s interests.
Can I file a claim if my child was partly at fault?
Typically, yes. Florida follows a modified comparative negligence law.
- Victims under 6 years old can’t legally be found negligent or responsible.
- For victims 6 and older, the percentage of responsibility is judged against what is reasonable for a child of similar age and experience, not the adult standard.
What if my child was not in a car seat or booster?
Yes, you can still sue if your child was hurt in a car accident in Florida, even if they weren’t in a car seat or booster seat. Under § 316.613(3), failing to use proper child restraints cannot be considered comparative negligence and isn’t admissible as evidence in civil trials. In many cases, insurance companies try to raise this as a defense, and it’s why having an experienced attorney is critical.
Call (321) 725-3425 for a free consultation with a Melbourne child injury lawyer.
How much does a Melbourne child injury lawyer cost?
Nothing upfront. Our child injury lawyers work on a contingency-fee basis. This means clients don’t pay anything unless we win the case. We provide free initial consultations so that families can seek compensation without financial consequences.
Call (321) 725-3425.
Contact a Melbourne Child Injury Attorney From Our Law Office For a Free Initial Consultation
If your child suffered harm due to someone else’s negligence in Brevard County, our legal team can help. Schedule a free consultation with a Melbourne child injury attorney at our law offices. Call (321) 725-3425 or use our contact form to get started today.