Negligence cases are quite popular nowadays as everyone is constantly busy, stressed, and on the move. Hence there is no time to focus on the duty of care we owe our neighbors and fellow citizens. This behavior has led to several cases where the court approves personal injury settlements.
Personal injury settlements are available to minors like adults. However, most times, minors and their parents are often sidelined as they rarely know how to go about obtaining these settlements. They end up missing out on their rights, more so because they fail to get a personal injury lawyer.
Are you a US resident who has been hurt because of a reckless act?
Car accident lawyers can represent you if you have been injured as a result of someone’s negligence. They will assist you in obtaining the compensation you require and deserve for the harm caused. This article is set to provide all the important information you need on personal injury settlements for minors.
Table of Contents
What are Personal Injury Settlements?
Personal injury settlements are court settlements awarded after a person initiates a lawsuit against another person for causing accidents directly or indirectly.
To get these settlements, the victim must establish that the other party owed them a duty of care that was neglected.
Who are Minors?
Minors are children whose ages are below the legal age of any country. Most countries have 18 as their legal age.
Personal Injury Settlements for Minors
Personal injury settlements are available to minors. While this is welcome, it is quite tricky. Minors are prevented from engaging in some legal activities.
Parents usually make decisions for their children all the time without seeking approval from anyone. But when they have to settle a minor’s personal injury claim, this is not the case.
There is no written rule for a minor’s personal injury settlement court approval. However, if the settlement exceeds $10000, it is to be approved by the court, to ensure the minor’s protection.
6 Things to Know About Personal Injury Settlements for Minors
Here are the top 6 things you should know about personal injury settlement for minors.
1. Liability of Minors
While minors can be careless like adults and cause accidents, a different standard is applied to decide their case.
Firstly, are they old enough to cause injury to others? Children of 7 years of age and below are deemed unable to do this. Although sometimes, their parents and guardians may be held responsible for failing to monitor their wards.
Older children like teenagers are usually liable for their actions. For instance, if a fourteen-year-old pushes a friend into the water causing her to suffer injury. The parent should not go about seeking a maritime injury lawyer but a personal injury lawyer. This is because the fourteen-year-old is liable and the lawyer must begin work in earnest.
In addition, parents who allow their kids to drive cars and motorcycles without insurance are liable. Once there is an accident, the parents are responsible as children do not have money of their own. Should that be the case, you should prepare to have your car accident lawyer work with a personal injury lawyer.
You can contact personal injury lawyers in Pasadena if that’s closer to the trial location.
So when your child causes injury to another or contributes to the negligence, you as the parent are liable.
2. Get a Personal Injury Lawyer
Personal injury cases are much different from criminal cases. For a personal injury settlement case, you should get a reputable personal injury lawyer like https://www.malteselawoffice.com/ (or a lawyer who is in an area closer to you), to voice your side of the story.
A personal injury lawyer will stand by you in every step of the process–from settlement negotiation to case presentation before a judge. They help you win maximum recovery to continue life after a personal injury.
3. Parent or Guardian Representation
Minors cannot represent themselves in the courts of law. They are usually represented by an adult. This could be their parents or any adult who serves as guardian ad litem. A guardian ad litem shares the interest of the child with the personal injury lawyer.
These include the amount the child expects to be paid as damages. A minor must always be represented by the guardian ad litem and lawyers.
4. The Minor’s Compromise
This is an important part of a personal injury settlement proceeding. At such proceedings, the guardian ad litem is to file a minor’s compromise. Where a suit has not been filed and there is no guardian ad litem, the parents can file their minor’s compromise.
In some cases, the guardian ad litem can file an expedited petition. This is due to some circumstances like the frail health of the victim, to hasten the settlement process.
This petition is to contain a detailed description of the accident and injuries sustained. It also contains the amount demanded as a settlement. In such cases, the settlement is usually within 35 days. Also, it is usually without a court proceeding.
5. Court Proceeding Guided by Car Accident Lawyers
Where there is no limitation factor, there is usually a court proceeding preceding the settlement. The minor, the parents, guardian ad litem, personal injury lawyer, and the opposing parties are usually present.
The child can be absent where the court grants the absence of the child. The court must approve everything in the petition, especially the settlements.
After deliberations, the judge inquires from the guardian ad litem:
- Whether the settlement is fair or not
- Whether or not the guardian knows that the settlement is binding
Where the guardian ad litem is not satisfied, they can reject the lawsuit and file another one. They could also wait till the minor is legal to file a lawsuit.
6. Settlement
Where the settlement price is under $5,000, the parents can represent the child whilst the court supervises them as the onus is on the court to keep such money safe.
Where the money is above $5,000, the court can choose to put the money in trust till the child becomes legal. They also invest the settlement or send the money to a blocked account. Such accounts can only be accessed by minors, once they become adults.
Once the minor attains the age of legality, they are allowed to access their settlement.
Wrapping Up
While parents are keeping their children safe, they cannot always be protected against negligent people. This is why you must know what to do in case such happens and sue on behalf of your child.
Has your child been injured due to the negligence of some people? Please do not stay silent. Contact personal injury lawyers in Pasadena today and book a consultation.
