When a child gets hurt because someone else was careless, settling the personal injury claim involves extra legal steps. These steps protect the child’s best interests since children cannot make legal decisions on their own. This process ensures any settlement is fair and will help the child’s future.
Who Represents the Child?
A parent or legal guardian usually represents the child in a personal injury claim. They work to get a settlement that covers the child’s medical costs, pain, and other losses. A court may appoint someone to represent the child, called a guardian ad litem, to ensure the child’s rights are protected.
Court Approval is Necessary
A judge must approve any settlement in a personal injury case involving a child. This makes sure the settlement is fair and reasonable. The judge considers the child’s injuries, how the injuries happened, and the settlement amount. This process prevents anyone from taking advantage of the child.
Protecting Settlement Funds
Courts often require that settlement money be kept safe until the child becomes an adult. This usually means putting the money in a certain account that the child cannot access until they reach a certain age. Sometimes, a structured settlement, which provides payments over time, is set up.
Personal injury claims involving minors have many rules. It is important to understand this area of law. This can help the family understand the legal process, gather the right evidence, and negotiate a settlement that truly serves the child’s needs.