The Special Circumstances of Minor Personal Injury Settlements
A serious personal injury suffered by a child is among the worst nightmares of any parent. But it’s a tragic reality that the circumstances which lead to serious injury do not discriminate. Circumstances we see in our work every day affect minors the same as grown adults. In fact, the effect can sometimes be even more severe. For instance, at Malloy Law Offices we often deal with clients who have suffered traumatic brain injuries (TBI). The effects these injuries can have on a still-developing mind can be even more severe. Today’s Malloy Law blog post will cover the settlement process for minors and the special considerations inherent in legal advocacy on behalf of an injured minor. Read on for the full report on minor personal injury settlements.
Why Courts Deal With Minors Differently
The first thing to understand about any settlement awarded to a minor as a result of a personal injury claim is that the court may require special conditions before approval. This is not because the court is somehow opposed to children or teenagers receiving just compensation for their injuries. Quite the opposite, in fact. Any special consideration paid to minor personal injury settlements is meant to set a process by which the minor will access funds awarded to them. The courts want to ensure money awarded will be used for the child’s welfare.
Think of it almost like a Grimm Brothers fairy tale. Many of these fables involve children with large inheritances or other assets which are legally theirs by right. But given that these are children, and therefore somewhat limited in their ability to advocate for themselves and interface with the legal process, the trope of “wicked” step-parents or other negligent guardians trying to pry the wealth of these children away is often a part of the dramatic action of the story. Courts want to avoid stories like these. Therefore, they’ll request that this money is used in a responsible manner with a responsible level of accountability. There are several ways to accomplish this. The most common is a structured settlement which will pay the damages out over time.
Understanding Structured Settlements
Given that the judge and other court officers have a responsibility to see that these funds are kept for their intended recipient when they come of age, it is often wise to request court approval for a structured settlement. Most personal injury settlements are paid as one lump sum. In this case, the settlement will be placed in a “protected” account until the recipient is eligible to claim it. The age of eligibility will vary from state to state. This money will be subject to yearly taxes, which may reduce the actual amount the minor in question can access when they are able. A structured settlement means the funds are paid out over time. This allows for the money to be paid to the minor according to a preset schedule.
Minor Personal Injury Settlements and Friendly Suits
In the case that a settlement due to a minor rises above a certain dollar amount, the court may request that the plaintiff file a complaint to obtain the settlement on behalf of the minor. (The amount required varies from state to state, DC’s, for instance is $3000). This complaint is usually referred to as a “friendly suit.” It is also recommended that the person filing this complaint already be appointed as guardian for the minor in question before beginning this process.
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How Malloy Law Can Help
If you or a loved one has had a minor relative injured due to another’s negligence, Malloy Law can help. Our experienced team of personal injury specialists have extensive experience with all facets of the personal injury process. We’ll advocate for the rights of your younger loved one and ensure that their compensation is both the maximum possible amount and delivered in an effective, responsible manner. Contact Malloy Law today and let’s win your case.
