Any personal injury case has the potential to be complicated but this is even more true when it comes to cases involving minors. At The Law Offices of Larry H. Parker we have worked with all types of cases with plaintiffs young and old. It is true that cases involving minor children can be complex but we are aware of the challenges and prepared to help. Keep reading to find out more and then contact us at 800-333-0000 if you are ready for a free legal consultation.
The Statute of Limitations is Different
With a typical personal injury case, such as a car accident involving only adults, the statute of limitations is two years from the date of the accident. This is not the case when a minor is involved. Instead, the statute of limitations does not begin to toll until the minor is 18 years old. This means that the clock does not start until their 18th birthday. So, for example, if the minor was in an accident when they were six years old, the statute of limitations would begin on their 18th birthday which means they would have until their 20th birthday to file a lawsuit.
A Guardian ad Litem is Required
In cases involving a minor, a guardian ad litem is required. This is a person who serves as a representative of the minor from the beginning to the end of the litigation process. It is generally the parent, even if the parent was also involved in the accident. However, in some cases – especially when the parent was not just involved but was partially or wholly to blame for the accident – the court may appointment a guardian ad litem. The purpose of this is to ensure that someone has the child’s best interests in mind.
The Court Sometimes Must Approve Any Settlement Involving a Minor
In a case involving only adults, if the injured party and the at-fault party can agree on a settlement, they are allowed to do so without the court getting involved. This is not the case if one party is a minor. Often times, the court must approve the settlement. This would require the attorney for the minor and the minor’s guardian ad litem going before a judge to present the settlement. If the judge agrees that it is fair for the minor, then they can sign off on it.
We Are Ready to Take on the Special Needs Involved in These Cases
Not only certain legal aspects of these cases a little bit different, it is also true that emotions can run higher when a minor is involved. We know that, as a parent of an injured child, you want what is best for your child. You want the at-fault party to be held accountable. We can help you achieve those goals. Contact The Law Offices of Larry H. Parker at 800-333-0000 for your free legal consultation.