Personal Injury Settlement

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Typically, personal injury cases start with an&nbsp;accident or other incident involving adults. But what if it's a child who's injured or ends up causing the case? Well, when a minor is involved, the law is quite different, as&nbsp;the law treats minors differently&nbsp;from adults. Legal matters involving minors are quite complicated, especially when they have&nbsp;suffered personal injury or caused one. As such, in this guide, we intend to shed more light on the legal framework of a personal injury case involving minors.&nbsp;
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<h2>Legal Framework For Personal Injury Cases Involving Children</h2>
In most states, being a minor is considered a&nbsp;legal disability&nbsp;in the eyes of the law; as such, there are special procedures in&nbsp;lawsuit filing, deadlines, and settlement. So, as a parent or guardian, it's important to seek counsel from an experienced&nbsp;<a href="https://www.jdandersonlaw.com/auburn-personal-injury-attorney/" target="_blank" rel="noopener">personal injury lawyer Auburn</a>&nbsp;if you want to pursue a personal injury claim involving a minor. In a personal injury case involving children, the&nbsp;parent or guardian&nbsp;acts as their&nbsp;legal representation. Also, the&nbsp;status of limitation&nbsp;involving minors does not begin until the child reaches the&nbsp;age of maturity. Furthermore, for all settlement cases involving minors, there&rsquo;s a&nbsp;court approval&nbsp;that&nbsp;protects the interest of the child&nbsp;in a way that the settlement is not hasty or undervalued.
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<h2>Role Of Parents And Guardians In A Personal Injury Case</h2>
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Minors have&nbsp;legal protection, especially if they cause an adult injury. The law does not hold minors to the same standard when it comes to&nbsp;duty of care&nbsp;as adults because minors do not understand the risks as adults do. In such a situation,&nbsp;parental responsibility&nbsp;law&nbsp;holds the parent liable for the act the child committed. This is why, as parents, it's important to find&nbsp;innovative ways to teach your kids. On the other hand, if a child is harmed due to the negligence of another, the person is held liable. Because&nbsp;a child is not old enough to enforce their legal right&nbsp;to file a lawsuit, their parent or guardian comes into the picture to file a lawsuit on their behalf. Also, if there's a&nbsp;potential conflict of interest&nbsp;between the parents or guardians and the child's interest or negligence, the court will assign an&nbsp;independent guardian&nbsp;for the minor. Note that it is the parents' or guardians responsibility to provide a systematic record of the incident to aid with the case, such as:
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Medical records
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Proof of the child's age
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Accident details
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Impact on child&rsquo;s life
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<h2>Court Approval Of Settlement Agreements</h2>
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When the court approves a settlement agreement, two things happen next: a structured settlement and trust funds or guardianship accounts are set up. A&nbsp;structured settlement&nbsp;is set up, especially when a&nbsp;lump sum&nbsp;is being paid from the case. The court believes a lump sum settlement might be&nbsp;overwhelming and mismanaged&nbsp;by the minor. Therefore, it sets up a structured settlement that spreads the amount at&nbsp;designated intervals, catering to long-term medical bills, education, and personal needs. Alternatively, the court may set up a trust funds or guardianship account that gives a&nbsp;legal entity or the child's guardian&nbsp;authority to&nbsp;manage the settlement funds. The court chooses this option if it believes the guardian has the best interest of the child.&nbsp;
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A Guide To Personal Injury Settlement Involving Minors

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