If you are the legal guardian of an accident victim under the age of 18, then you may have wondered if you have the right to file a personal injury case on their behalf. We invite you to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation or keep reading for some of the information you are likely looking for.
Understanding Compromise of a Minor’s Claim
The first thing to understand is what we mean when we say “compromise of a minor’s claim.” This is a legal term that refers to settlements of disputed claims for monetary damages in a case involving a person under the age of 18. Disputed claims in these cases could include loss of earning capacity, medical bills, rehab costs, compensatory damages, and many others.
Only Certain People Can Take Part in the Compromise of a Claim on a Minor’s Behalf
In most cases, a minor cannot enter into a contract. As a result, some types of settlement agreements involving minors must be approved by the court. The parents of a minor can generally file these petitions on behalf of minors.
The particulars are as follows: Either parent can file on behalf of the minor unless the parents are living separately. If they are, then only the parent who has legal custody, care, or control of the minor can file on their behalf. If the court does not believe that both or either of the parents has the best interests of the child in mind, they may assign a guardian ad litem to represent the interests of the child.
Certain Information Must Be Included on a Petition for a Compromise of a Minor’s Claim
The petition you file must be verified and have full disclosure of all relevant information relating to the reasonableness of the agreement / compromise. You should include information about the minor, including their name, date of birth, age, and gender. It should include the relationship to the minor of the person filing, and a description of the nature of the claim as well as what actions have been taken.
You will need to include details on the incident, a description of the injuries suffered, the treatment the minor received, their prognosis, and their recovery. A description of the settlement, which is both final and binding, much be included, as well as any terms and where the settlement proceeds will be originating from.
This is just the start of what must be included. The fact is that these filings can be complicated and you absolutely want an attorney there to help you. Contact The Law Offices of Larry H. Parker at 800-333-0000 now if you want to request a free legal consultation.