If your child was injured as a result of someone else’s actions or negligence, you are eligible to collect compensation for their injuries. However, since they are under the age of 18, any settlement will need to be approved during what’s known as a Minor Settlement Hearing to ensure the best interests of the child are served. In today’s blog, we take a closer look at how Minor Settlement Hearings are handled in Minnesota.
Getting Compensated For Injuries To Minors
Collecting compensation in the wake of an accident involving your child can be a complex process. Not only are you worried about the health and wellness of your child, but it’s also likely that you are unfamiliar with how to best proceed with your case. This is why consulting with a personal injury attorney is oftentimes a wise move.
Depending on the situation, you may be able to seek compensation for a number of different factors related to your child’s injuries. While the parents will need to pay for any medical bills that are incurred as a result of the accident, those expenses can be recouped through a personal injury lawsuit. Parents can also earn compensation for things like mileage to and from medical appointments or time they missed from work in order to provide care or take their child to a medical appointment. These factors are often overlooked when a parent tries to collect compensation on their own, but a personal injury firm will make sure you get every penny you’re entitled to receive.
Besides those expenses, your child may be compensated for factors like pain and suffering, loss of enjoyment of life, disfigurement and more. It can be difficult to put a price tag on these non-economic damages, which again speaks to the importance of having an experienced attorney in your corner.
Once you have made your case to the insurance provider, they will either accept, counter or reject your claim. If your claim is accepted or you end up negotiating a settlement, the agreement will need to be approved in a Minor Settlement Hearing. The same holds true if you win your case in front of a judge. During this hearing, it is typical for the judge, the parent and the personal injury attorney to meet at court or over Zoom. During this hearing, the judge will review the proposal and may ask questions to the attorney about the agreement and why they believe it is right for all parties. The judge or the personal injury attorney may direct questions at the parent as well. The judge will also review medical records, bills and other facts about the case. More often than not, the agreement will be approved by the judge, although it’s possible the agreement may need to be tweaked a bit.
One aspect that will also be covered during this hearing is how the child will have access to their settlement. While parents will be compensated for medical bills, lost wages and travel costs associated with their child’s care, it is the child who will be awarded compensation for damages they incurred. However, they are not eligible to receive this compensation until they turn 18 years old, so there will be a discussion about how the money will be stored until the child reaches an agreed on age. The money can sit in a trust or a bank account until the desired age, or it may be able to be invested in a very safe manner, like a guaranteed annuity.
Oftentimes these hearings ensure that the child has access to their funds once they turn 18, but some push it out further if a compelling case can be made as to why it is in the best interest of the child or the family. For example, some families may push to have the settlement released when the child turns 22 so that they are not ruled ineligible for financial assistance for college expenses as a result of a windfall at age 18.
Finally, the judge will also approve the structure of the payout. Your child may have access to the lump sum when they hit a certain age, or they may get paid out at regular intervals. Again, a compelling case will need to be made if you have any extraordinary requests in regards to how your child has access to their money once they turn the appropriate age. Your lawyer can discuss some of the best ways to arrange an appropriate settlement structure that addresses any concerns you may have while also keeping your child’s best interests at heart.
If you need help pursuing injury compensation for your child, make sure you don’t leave the process up to chance. Instead, connect with a firm that has a strong track record winning favorable results for injured teens and children. For more information, or to talk about your options with an injury lawyer, give the team at Hey Workers a call today at (844) 439-9675.
