From dance class to soccer practice, it’s no wonder that kids are in the car quite often. In the unfortunate case, our client is a minor, then there are some important things to consider.
Considerations When The Plaintiff Is A Minor
Personal injury lawyers have to ask a couple of questions before they settle the case. These questions include:
- Does the court require guardianship of the settlement?
- Will the court need to approve the settlement?
- Does the court have to appoint a Guardian Ad Litem?
To determine if you need these things, you must know these rules:
If the total settlement is equal to or less than $15,000, and a settlement is reached before filing the lawsuit a claim can be settled by natural guardians of minors without approval from the court.
If the total settlement is larger than $15,000 but the net recovery (what actually goes in the plaintiff’s pockets) to the minor is less than or equal to $15,000 the claim can be settled by natural guardians with court approval, but there does not need to be guardianship of the property. Some courts might need a Guardian Ad Litem.
What if the total settlement and net recovery exceeds $15,000? This requires court approval of the settlement and minor guardianship of their property
If the whole settlement is equal or greater than $50,000, then the court needs to approve the settlement and minor guardianship of the property. The court will need a Guardian Ad Litem unless the court appoints a guardian of the property that has no adverse interests to the minor.
These rules remind us that when settling a personal injury claim for a minor, you have to stand up for those who can’t represent themselves.
Source: HCBA Lawyer Magazine