When you reach a settlement in a personal injury case, it is assumed that the case is officially closed upon signing the settlement papers. However, fresh ink does not always equate to an end. In certain cases, a Minor and the third-party must enter into a Minor’s Compromise to mark a legitimate closed case.
In most cases involving a minor, insurance companies and the filing party must enter into a court ordered agreement. This agreement gives the insurance company assurance that the settled-on amount is appropriate and provides the court opportunity to protect the child’s welfare.
A Minors Compromise protects minors from being taken advantage of in settlement arrangements. Since minors are not equipped with the same cognitive ability to create a cost-benefit analysis of the money they may need to put away for future use, nor are they typically able to protect their money against untrustworthy family and friends, the court steps in to help protect them. The court ensures that the attorney’s fees are not excessive, and that the legal guardians of the minor are acting in the best interest of the minor. The court may also place safeguards for the settlement funds by ordering the funds be placed into a specific account to protect the money from ill-intentioned persons.
When a minor goes to court it is also required that they have a guardian ad-litem. A guardian ad-litem is an adult that can represent minors in a fair manner and make decisions in their best interest. If their parents or legal guardians are included on the claim, the parent or legal guardian will usually be excluded as the guardian ad litem, since they have a stake in the claim and, therefore, cannot represent the minor fairly.
Setting up a minor’s compromise and a proper guardian ad-litem is challenging without background knowledge in the legal field. Legal fees are expensive and filling out the paperwork completely and correctly is confusing. In addition, when going to court, you must also pay attention to court deadlines for specific documents because if you do not file a document on time, it can extend the length of time you spend in court. Hiring an San Diego personal injury attorney to assist you can expedite the process, and guide you to the next steps after the court has come to an agreed upon compromise.
If your child was involved in a collision or incident that caused an injury a San Marcos Personal Injury attorney can help you. The attorneys at Acclaim Law Group will help address any questions you may have about setting up a Minor’s Compromise and guide you through the process of appointing a Guardian Ad-Litem. Please call (858) 252-0781 to set up a free consultation.
Disclaimer: While we always seek to establish accuracy when publishing articles, this piece is not intended to provide legal advice and should not be used as such. Each individual case will differ and should be discussed with an attorney or legal expert. If you would like to inquire about pursuing a claim, please contact a personal injury lawyer San Diego at (858) 252-0781 or email brett@acclaimlaw.com