There are also a number of other special requirements for coming to a final settlement agreement and disbursing the funds intended to be used by the child. You can learn more about the key differences involved in a personal injury settlement for minors and how the situation might play out in court by reading on.
Children Under 18 Require a Guardian ad Litem
Like most other states, the state of California requires that all individuals under the age of 18 acting as a plaintiff in a personal injury case be represented by a guardian ad Litem (GAL). The GAL is tasked with ensuring that all decisions made and actions carried out are in the best interests of the child. Children will have the chance to negotiate decisions with their GAL, but ultimately the GAL has the final say.
In most cases, the person serving as GAL will be the parent or legal guardian of the child. In cases where the parent who would normally serve as a GAL is injured in the same incident that injured the child, certain courts may order that someone else serve as the GAL. In these instances, an attorney can be appointed as the official GAL.
A child also has the option of delaying a personal injury claim since the two-year statute of limitations does not technically go into effect until their 18th birthday, meaning they have until they turn 20 to file a case. However, many injury victims can benefit from filing before this date since they will have easier access to evidence immediately following their injury. Exceptions also apply to the SoL delay, so a child and their GAL must consult with an experienced attorney regarding the specifics of their case to come to a sound decision.
All Final Settlements Must Be Approved Through a Minor’s Compromise and Release Hearing
Another key difference with personal injury cases involving minors is that the GAL, the representing attorney, and sometimes the child will all have to sit down for a separate hearing in front of the presiding judge before a final settlement can be made. The courts refer to this hearing as a “minor’s compromise and release hearing,” or a “minor’s comp” for short.
The goal of the hearing is to verify that the final settlement agreement is adequate to meet the child’s best interests. This review process is considered necessary in order to prevent actions being taken that are contrary to a child’s interests since the child is essentially powerless to prevent them.
At the minor’s comp, the representing attorney will present a summary of the case, including an accident account, the injuries sustained, the child’s current condition, their future prognosis and the likelihood of a need for ongoing or recurring medical treatment. The attorney will also present a detailed account of all medical bills incurred, expenses paid, and the expected financial burden of further medical treatment. They will also describe the fees payable directly to them.
The judge will typically ask a few questions to verify the sound judgment and intent of the GAL before coming to a final settlement arrangement.
A Personal Injury Settlement for Minors Will Likely Go Into a Protected Account
In most instances, any money awarded to a minor will be placed in a protected, interest-bearing account that cannot be accessed by the minor until they turn 18 years old. Damages for items like pain and suffering or disability go into this account in their entirety. Parents or insurers may be eligible for reimbursement for medical expenses paid at the time of the settlement. Otherwise, the entirety of the settlement is only accessible by either court order or by waiting until the child is 18.
Working With an Experienced Child Injury Lawyer in San Francisco
Because their decisions must be demonstrably made in their child’s best interest, parents or guardians should consider working with a San Francisco child injury lawyer when filing an injury claim. An experienced child injury lawyer will be aware of the exceptions, extra required showings, and other complicated matters related to child injury law. They can also assist with a minor’s comp filings to ensure that the hard work of arriving at a settlement can result in an agreement approved by the court.
If your child has been injured by someone you suspect is at fault and you want to seek out compensation for their medical costs and suffering, you can contact Gruber Law today for a free consultation.