A Guide To Personal Injury Settlement Involving Minors

Typically, personal injury cases start with an 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 the law treats minors differently from adults. Legal matters involving minors are quite complicated, especially when they have 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. 

 

 

Legal Framework For Personal Injury Cases Involving Children

In most states, being a minor is considered a legal disability in the eyes of the law; as such, there are special procedures in lawsuit filing, deadlines, and settlement. So, as a parent or guardian, it's important to seek counsel from an experienced personal injury lawyer Auburn if you want to pursue a personal injury claim involving a minor. In a personal injury case involving children, the parent or guardian acts as their legal representation. Also, the status of limitation involving minors does not begin until the child reaches the age of maturity. Furthermore, for all settlement cases involving minors, there’s a court approval that protects the interest of the child in a way that the settlement is not hasty or undervalued.

 

Role Of Parents And Guardians In A Personal Injury Case

 

Minors have legal protection, especially if they cause an adult injury. The law does not hold minors to the same standard when it comes to duty of care as adults because minors do not understand the risks as adults do. In such a situation, parental responsibility law holds the parent liable for the act the child committed. This is why, as parents, it's important to find 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 a child is not old enough to enforce their legal right to file a lawsuit, their parent or guardian comes into the picture to file a lawsuit on their behalf. Also, if there's a potential conflict of interest between the parents or guardians and the child's interest or negligence, the court will assign an independent guardian 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:

 

• Medical records

• Proof of the child's age

• Accident details

• Impact on child’s life

 

Court Approval Of Settlement Agreements

 

When the court approves a settlement agreement, two things happen next: a structured settlement and trust funds or guardianship accounts are set up. A structured settlement is set up, especially when a lump sum is being paid from the case. The court believes a lump sum settlement might be overwhelming and mismanaged by the minor. Therefore, it sets up a structured settlement that spreads the amount at 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 legal entity or the child's guardian authority to manage the settlement funds. The court chooses this option if it believes the guardian has the best interest of the child.