Personal injury cases involving minors relatively common. For parents or guardians, there are three things you should know about filing this type of claim.
Guardian Ad Litem is Appointed
As children are not in a capacity to defend themselves, a guardian ad litem is required by the courts. This person serves in the best interest of the child during settlement negotiations. This individual is chosen by the court, and is typically the parent or guardian of the child. The guardian ad litem has no legal right to recovery during this process. Their sole purpose is to act in the best interest of the injured child.
Statute of Limitations
In most states, there is a statute of limitations of two years on personal injury cases involving a minor. However, the statute does not start until the child reaches 18-years of age. The long term of effects of an accident may not be known for years in some cases. This typically leads to a drawn out court process in hopes of determining a settlement.
Settlements Are Placed in a Blocked Account
Settlements for cases involving personal injury of a minor are different because the funds are placed in an annuity or similar blocked account. This is to ensure that the settlement in fact goes to the child when they reach legal age of adulthood. In order to receive this settlement, the individual must have legal fees paid and file the proper paperwork with the courts to disburse the funds. Periodically, expenditures may happen in special case situations.
The biggest factor in any settlement is determining long term damages and expenses for the minor. A personal injury lawyer, such as the attorneys of SM Law Group, is recommended for representation. As soon as an accident occurs, contact us immediately to start the assessment process. Our experience is invaluable to most guardians of an injured minor. We are able to handle the claim and ensure that the settlement needs are not only met, but exceeded. This kind of support is essential for any individual fighting for a settlement for personal injury involving a minor. Contact SM Law Group today for a free consultation.