When your child is hurt, the rules are different — and they work in your family's favor. The deadline to file is paused while your child is a minor, a parent or guardian brings the claim, and a judge has to sign off on any settlement to protect the money. We handle these cases with care, and we handle them right.
A serious injury to a child is not the same as an adult's case, and it should never be treated like one. As a Fort Lauderdale child injury lawyer, Robert DiStefano steps in to protect both your child's health and your child's future — because some injuries to a growing body don't show their full cost for years.
The first job is to find out exactly what happened and who was responsible. A child can be hurt at a daycare, on a playground, in a community pool, by a defective product, or in a crash. The fault may sit with a property owner, a daycare operator, a product maker, or a driver. We gather the records, talk to witnesses, and bring in the right experts so the story is clear and provable.
The second job is to value the case correctly. Children heal — but they also grow, and a broken bone, a burn, a brain injury, or a scar can change how a child moves, learns, or feels about themselves over a lifetime. We work with doctors and life-care planners to account for future medical care, future therapy, lost earning ability, and pain — not just today's hospital bill.
The third job is to handle the special rules that come with a minor's claim. The deadline is paused, a parent or guardian files on the child's behalf, and a judge reviews the settlement before the money is approved. Done right, these steps protect your child. Done wrong, they can stall a case or put a settlement at risk. We do them right, and we keep you informed at every step.
Your child's case is built around one question: not just what does this injury cost today, but what will it cost over a lifetime?
Florida treats injuries to children differently from adult cases in three big ways — the deadline, who can file, and how a settlement gets approved. Here are the laws that matter most.
Fla. Stat. § 95.11(4)(a) amended 2023
Most Florida injury claims now have a two-year deadline to file a lawsuit. But for a child, that clock is tolled — legally paused — while your child is a minor. This protects a child who can't file on their own. The pause is not unlimited, though, and other deadlines can still apply, so it is a mistake to wait. The sooner we start, the stronger the evidence.
Florida law on minors' settlements
When a case settles for a child, a Florida court reviews it before it becomes final. The judge makes sure the amount is fair to the child and that the money is protected — often placed in a guardianship account or structured settlement the child receives as an adult. Larger settlements may also require a court-appointed guardian to represent the child's interest. This is a safeguard, and we handle the whole process for you.
Fla. Stat. § 768.81 amended 2023
Florida uses modified comparative negligence. If more than one party shares the blame, fault is split by percentage — and under the 2023 reform, an injured person who is found more than 50% at fault cannot recover. For a young child, arguments that the child was "careless" rarely hold up, but a defendant will still try. We push back hard and keep the focus where it belongs.
Florida compensatory damages
Florida does not cap most compensatory damages in a child injury case. That means the recovery can reflect the full picture — past and future medical care, rehabilitation, lost future earning ability, disfigurement, and the pain your child has endured. We build the claim to capture the lifetime cost, not just the emergency-room invoice.
This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.
We are a Fort Lauderdale firm, and we know the places where Broward kids spend their days — and where injuries happen. These cases are local, and so are we.
When you call DiStefano Law, you are not handed off to a call center or a rotating cast of junior staff. Robert DiStefano — a Florida personal-injury attorney for more than 40 years — handles your family's case himself.
That matters in a child's case, where the right call early can shape the whole outcome. There is no fee to talk, and on these injury matters we work on contingency: no fee unless we recover for you. You focus on your child; we carry the legal weight. Read more about Robert DiStefano, or See related case results →
Tell us what happened. We listen, explain your family's options in plain English, and tell you honestly whether you have a case — same day, at no cost to you.
We gather records, secure evidence before it disappears, and bring in medical and life-care experts to show the full, future cost of your child's injury.
We negotiate hard, take it through court approval, and make sure your child's money is safeguarded the way Florida law requires.
Child injuries are part of our broader catastrophic injury practice. If your family is also dealing with a dog bite — a leading cause of injury to young children — or the loss of a loved one in a wrongful death case, we can help with that too.
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“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”
Taravia Google
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“I had a wonderful experience with Robert! He fought hard for me and kept me in the loop the whole time. The whole office is just great!”
Paulavia Google
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“Mr. DiStefano is the best! Kept me up to date with everything, and his paralegal Michelle also kept us informed. Happy with my settlement — I highly recommend him.”
Stacy Leevia Google
Tell us what happened. The call is free, confidential, and same-day — and there's no fee unless we recover for you. Reach our Fort Lauderdale office →
(954) 572-8000