If your child has been injured and you have agreed to settle a claim on his or her behalf, you are not done yet, even if you have a signed settlement agreement in hand. You are only able to obtain the settlement funds for your child after jumping through a few hoops. This is known as a Minor’s Compromise.
If your child was injured in San Diego and you need to discuss legal options with knowledgeable lawyers, contact our law firm today. You can also reach Walton Injury Law by phone in San Diego County at (866) 338-7079.
Understand Minor’s Compromise Procedures
Minor’s compromise, often referred to as “minor’s comp,” is the procedure by which a parent or guardian (most likely through an attorney) provides details of a child’s settlement to the court for approval. This court approval is required for every settlement involving a child’s claim, even if no lawsuit has been filed.
The judge, in a sense, acts as the child’s advocate in examining the settlement terms to ensure it is a fair compromise for the child. There are some exceptions to these procedures if the settlement amount is under $5,000.
Why Minor’s Compromise Procedures Matter
Minor’s compromise procedures are crucial because, by agreeing to settle, the child is giving up the right to file a lawsuit down the road. The judge can assess whether this is good for the minor.
In California, children have until they turn 20 years old to file a personal injury lawsuit. If a minor was injured, the two-year statute of limitations to file a lawsuit does not start running until they turn 18.
How the Minor’s Compromise Procedure Works
If your child has been hurt and you want to pursue a personal injury lawsuit, it's good to know what to expect. All cases will be different and depend on the specific details. by understanding the process, you can comprehend how important a good lawyer is to help with your case.
That said, the details of the child’s claim and settlement are examined at a hearing. Although this procedure sounds relatively straightforward, the paperwork required to support a minor’s compromise can be a bit daunting.
Providing Necessary Forms and Paperwork
If the case is not currently in litigation, you will need to obtain a case number by filing a Civil Case Cover Sheet (Form CM-010) and paying to initiate the case.
A Guardian Ad Litem must be appointed for the minor (Form CIV-010), and the lengthy Petition for Approval of the Compromise must be prepared (Form MC-350) detailing physical/mental injuries, medical treatment sums, liens, and other fees.
A proposed Order Approving the Compromise must also be submitted (Form MC-351) so that the judge assigned to your case can stamp his or her name in approval if all goes smoothly.
Additional Forms and Requirements Depending on the Court
There may be additional forms and attachments required depending on how the settlement funds are to be held/invested for your child (e.g., annuity, blocked account).
Some courts require that medical records also be lodged so that the judge can get a sense of whether the treatment the child received was sufficient with respect to the injury. The medical records, when submitted, should be clearly marked “Confidential” to protect your child’s privacy. Other courts have no requirement for medical records and instead focus on the calculation of the medical fees and liens.
Some courts require that the child attend the hearing together with the Guardian Ad Litem while others find it unnecessary to pull the child from school or other activities. The safest bet is to call the court and check with the clerk after you’ve filed your paperwork to make sure everything is in order and that you understand what is required for your case.
If additional documents are necessary, our San Diego attorneys will advise you accordingly. The judge will only make a decision on your child’s settlement after obtaining all necessary paperwork from you.
Minor’s Compromise Hearing
At the hearing, the judge will ask questions to determine whether the settlement funds being offered to your child are reasonable. These hearings tend to be short and non-adversarial.
There will more than likely be a discussion about the accident itself, the nature of the injury, treatment received, temporary and permanent effects on your child, and most importantly, factors that support the minor’s claim being mature enough to settle.
Some judges dive deep into the details of the accident and the suffering that followed. Other judges spend time inquiring into areas such as why funds will be deposited into an annuity instead of a blocked account.
Our San Diego attorneys will help you understand your case and be prepared to answer questions confidently and factually.
Why Choose Walton Injury Law After Your Child Is Hurt in an Accident
There are many personal injury law firms in San Diego County that can help when your child has been injured. Yet Walton Injury Law provides the attention and care that you and your family need to see a case through and offer guidance as complications arise.
Our attorneys will make sure you have all the forms and information you need to make Minor’s Compromise hearings as straightforward as possible. Here are a few reasons why families in Southern California count on our firm for help.
- We’re Ready to Go to Trial: The attorneys at Walton Injury Law won’t settle for less than your case is worth. If we can’t negotiate a fair amount for what you or your child has experienced, we’re ready to go to trial to seek damages.
- Free Legal Consultations: You should be able to speak with a legal professional without paying any fees. During a free consultation, you can share your story, and our attorneys can let you know what steps you can take next.
- Clients Don’t Pay Unless We Win: Walton Injury Law operates on a contingency fee basis. That means clients don’t pay unless we can secure a settlement or win damages in court. If we don’t win, you don’t pay. We’re in this together, and we’re prepared to fight for your dignity.
- Available to You 24/7: We know that emergencies and major concerns can arise at any time of the day. Our law firm takes messages 24/7, and our lawyers will get back to you as soon as we can.
Contact Our San Diego Attorneys for Help with Accident Lawsuits Involving Minors
If your child has been injured in an accident, our lawyers can help you hold the negligent party responsible and help with the recovery and healing process. We work well with parents and minors of all ages, offering detailed information in a language you can understand.
To request a free consultation with our San Diego injury attorneys, contact our law firm today. You can also reach Walton Injury Law by phone at (866) 338-7079.