When a child is a victim from an injury due to another party being at fault, these matters can be very scary as a parent. Other people or entities being negligent in cases like these makes it more serious especially if a minor is hurt. This can be emotionally taxing and financially costly, which makes it very overwhelming for a person. Securing a settlement to cover medical expenses, among other damages, is extremely important in getting the full compensation. However, the process can be more complex when there’s a minor involved with the settlement. California law gives children priority in these matters, imposing stringent safeguards to ensure settlements are fair and just when it comes to protecting the minor’s future. Here at KAASS LAW, we understand the circumstances and overcome these challenges. Our office can dedicate in guiding your families through this intricate legal landscape. The following will provide guidance on how the law works and applies to minors in personal injury settlements and how KAASS LAW can help!
Why Is Minor Settlement Different?
Unlike adults, minors are legally not capable of entering into a contract that is binding or cannot legally manage their own finances. This results by allowing the court order and ruling to allow settlements to be fair and proper until the child comes of age of adulthood. The court’s role is to act as a guardian, safeguarding the child’s rights and ensuring the settlement serves their long-term interests.
The Court’s Role
California’s personal injury settlement involving a minor must be, upon approval, by the Superior Court. This process is known as Minor’s Compromise. This involves several steps, such as the following:
- Petition for Approval: The party must file a petition with the court requesting approval of the proposed settlement.
- Court Hearing: The court has to schedule a hearing to review the petition.
- Independent Evaluation: The court can appoint a guardian ad litem (GAL). The GAL’s role is to advocate for the child in question. Additionally, this job is to provide the best interests of the child and its interests.
- Approval or Denial: Upon reviewing the evidence, the court can either approve or deny the settlement. If it falls under approval, the court can issue an order which outlines the terms of the settlement.
Managing The Settlements Fund
Finally, when the court approves the settlement, the court will usually order the funds in two ways. They can either deposit into a blocked account, or a structured settlement.
- Blocked Account: A blocked account is a special type of bank account that no one can access unless there is a court order. This allows the funds to remain until the minor reaches the legal age of 18 in California.
- Structured Settlement: A structured settlement is a method of making periodic payments to the minor within a given time. As a result, this option can be beneficial for long-term financial planning. For instance, cases with severe injuries that require ongoing medical care would make this option financially helpful for the victim.
Specific Considerations in California
CA law places specific emphasis on the following factors of minor settlements:
- Future/Medical Expenses: The court will carefully inspect medical expenses so they can determine it being reasonable and necessary.
- Loss of Earning: If the injury is likely to impact the minor’s future earning potential, the court may award this claim to the child.
- Emotional Distress: Emotional trauma is a real thing, and the court recognizes this as such.
- Attorney’s Fees: The court will review and approve the attorney’s fees to ensure they are reasonable and fair.
Pre-Litigation Settlement
In California, the maximum amount that can be received in a personal injury settlement on behalf of a minor without requiring court approval through a Minor’s Compromise and Release is $5,000 (California Probate Code § 3611(d)).
If the settlement amount exceeds $5,000, a Minor’s Compromise Petition must be filed with the court, and a judge must approve the settlement to ensure it is in the best interests of the minor. The funds are typically placed in a blocked account or structured settlement until the minor turns 18.
Seek Legal Representation
- Investigate the Case: Thoroughly investigate the accident to determine liability and assess the extent of the minor’s injuries.
- Negotiate with Insurance Companies: Negotiate with insurance companies to secure a fair settlement that adequately compensates the minor for their damages.
- Prepare and File: Prepare and file the necessary paperwork for the Minor’s Compromise, ensuring all legal requirements are met.
- Appear and Represent Minor in Court: Represent the minor’s interests in court, advocating for a fair and just settlement.
- Ensure Proper Management of Funds: Advise on the best options for managing the settlement funds, whether through a blocked account or a structured settlement.
Contact KAASS LAW
Here at KAASS LAW, we understand the sensitive nature of personal injury claims, especially in cases involving minors. We can commit and provide compassionate legal representation for you and your family. Our team is fully effective and can be there when needed. Our experienced attorneys and team can:
- Prioritize the Child’s Best Interests: We will always prioritize the child’s well-being and ensure their rights are protected.
- Provide Attention When Needed: We will provide personalized attention to each case, understanding the unique circumstances of each family.
- Maximize Compensation: We will work tirelessly to maximize the compensation our clients receive, ensuring their child’s future is secure.
- Guide You Through the Process: We will guide you through every step of the legal process, providing clear and concise explanations and answering all your questions.
If your child sustained an injury due to someone else’s negligence, contact KAASS LAW right away! We are here to help you navigate the complexities of minor settlements and secure the compensation your child deserves.