What You Need to Know About Personal Injury Settlements Involving Minors
Posted on behalf of RizkLaw on Dec 26, 2023 in Personal Injury
Kids can be kids—playing, exploring, and embracing the world with boundless energy. Accidents are inevitable, and getting hurt is part of growing up, but sometimes, children are hurt because of negligence. When someone is careless or reckless, and it causes a minor to suffer physical or psychological injuries, that negligent party can be held accountable for the damages they cause.
Every personal injury case presents its own unique set of challenges and considerations, but when the injured party is a minor, the situation may become even more complex. Rizk Law lawyers recognize the profound impact personal injury cases that involve children can have on the lives of both the minor child and their guardians. We understand the importance of not just securing fair compensation but also confirming that the future needs and well-being of the minor are adequately addressed.
Personal Injury Claims and Children: What to Know
Personal injury settlements that involve underage children have unique considerations and responsibilities. If you are a parent, guardian, or another party involved in a personal injury case involving a minor, you should be aware of the following when seeking compensation:
The Role of a Legal Guardian
When a minor is involved in a personal injury case, a legal guardian—usually a parent or appointed guardian—will play a pivotal role in representing the child’s interests throughout the legal process. Understanding this role is essential for ensuring the minor’s rights are protected.
Court Approval for Settlements
In many jurisdictions, settlements involving minors require court approval. This additional step confirms the terms of the settlement are fair and in the best interest of the child. Our experienced attorneys at Rizk Law can guide you through the necessary procedures to obtain court approval for the settlement.
Structured Settlements vs. Lump Sum Payments
Deciding between a structured settlement and a lump sum payment is an important consideration. A structured settlement involves spreading the compensation over a specified period and providing financial support for the child’s future needs. Conversely, a lump sum payment provides immediate funds but requires careful management to meet long-term requirements.
Establishing a Special Needs Trust
In cases where the minor has sustained significant injuries requiring ongoing medical care, it may be advisable to establish a special needs trust. This trust allows the settlement funds to be specifically designated for the child’s specific needs, such as medical treatments, therapies, and education.
Statute of Limitations for Minors
Understanding the statute of limitations is essential. In personal injury cases involving minors, the statute of limitations may be tolled (delayed) until the child reaches the age of majority. A knowledgeable attorney with Rizk Law can make sure you are in compliance with jurisdiction-specific regulations.
Impact on Future Legal Rights
Settling a personal injury case on behalf of a minor may impact their ability to pursue legal action in the future. It is crucial to carefully assess the long-term implications and consult with legal experts to make informed decisions.
Importance of Legal Representation
Given the intricacies involved in personal injury settlements concerning minors, seeking legal representation is paramount. Rizk Law lawyers have extensive experience in personal injury cases, and our attorneys can provide the skills needed to navigate the complexities and protect the rights of minors.
Was Your Child Injured in an Accident? Contact an Oregon Personal Injury Attorney
Your child’s well-being and future are our top priorities. Schedule a free consultation today with a Rizk Law child injury attorney to discuss your case and go over your options for receiving the best possible outcome for your child.