SHOULD YOU WAIT UNTIL YOUR CHILD TURNS 18 FOR THEIR INJURY CASE

The Rochlin Law Firm often represents children in personal injury cases. When a child is injured in an accident, their parent or guardian is in charge of their case. The parent can hire a lawyer and sue on behalf of the child. Of course, the parent can then decide whether to settle the case and at what amount.

However, ultimately, a court must approve any settlement for the minor child. This includes the amount of the settlement and how/when it is paid to the child. The court proceeding is called a minor settlement hearing. It requires payment of a filing fee, and often the parent or guardian has to come into court or appear by Zoom.

There is some cost of time and money with a minor settlement hearing. Therefore, if your child is close to age 18, you may want to wait to settle their case until they actually turn 18. Our lawyers frequently discuss this issue with the child’s parents.

THINGS TO CONSIDER WITH THE TIMING OF A CHILD’S SETTLEMENT

The cost of the minor settlement hearing is one consideration in the timing of the settlement. However, there are other considerations as well. If it is only a few months until your child turns 18, it may not make much difference. However, if your child is younger, an earlier settlement has the advantage of providing finality or ending litigation. Most people don’t want the case hanging over their heads.

Another issue is your child’s future medical bills. In most cases, you have to repay your health insurer out of the child’s settlement. However, future medical bills may then still be paid by the health insurer without the need for repayment. Therefore, settling the case earlier may mean less money from the settlement goes to the health insurer and more goes to your child.

LAWYERS FOR CHILD INJURED IN AN ACCIDENT

If your child was injured in an accident, call the Rochlin Law Firm. The intial consultation is free. An experienced lawyer will discuss the case with you and answer your questions.  The primary focus of our lawyers is to make sure your child gets fully compensated for their injury.