A parent’s only goal is to keep their child safe. Because of their small size and naivety toward risk, children are particularly vulnerable to injuries. Accidents can still happen, despite all the safety precautions taken. A minor child can sustain injuries from someone else’s negligence. This can cause devastating emotional and physical damage to their families. Although the road to recovery can be difficult, a personal injury attorney may be able to help you seek a settlement for your minor child’s personal injuries.
What Is the Best Way for a Parent to Recover a Personal Injury Settlement for Their Minor Child?
California courts must approve any personal injury settlement reached for a minor child. After a settlement is reached for personal injury, a petition called a Minor’s Compromise must be filed with the court. The petition requests approval of the terms of the settlement. The Minor’s Compromise contains information such as:
- Description of the claim, incident, and injuries
- All medical reports relating to the injuries
- The proposed settlement agreement’s amount and terms
Instruction on How to Manage the Settlement Proceeds for the Minor Children
If all parties are in agreement, the parent can sign the agreement document for their child. For minor children who sign a personal injury settlement, there are additional conditions:
- If the child lives with both parents, either parent can sign a settlement agreement to cover child injury claims.
- Only the custodial parent can sign for the minor child if the parents are divorced or separated.
- The child may be signed for by a legal guardian, Guardian Ad Litem, or another representative.
- If the child is accompanied by a legal guardian, the personal injury settlement funds can be transferred to their trust.
If the court determines that the settlement adequately compensates the child’s injury claims, the court will approve it. The settlement proceeds may also include attorney’s fees or costs.
This article was written by Alla Tenina. Alla is one of the best bankruptcy lawyers in San Fernando Valley, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.