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CALIFORNIA COURT MUST APPROVE ALL SETTLEMENTS FOR MINORS


Jul 16, 2015

All settlements for involving personal injury claims brought on behalf of minors require court approval, regardless of the settlement amount. When a minor’s case is settled, his or her attorney or parents (if not represented by counsel) must file a Petition to Approve a Compromise of a Disputed Claim or Pending Action by a Minor, which is generally referred to as “Minor’s Compromise.” This strict requirement is designed to protect minors in several ways. First, the court must approve the amount of the settlement to ensure that the minor is receiving adequate compensation for his or her injuries. Second, the court must approve the attorney’s fees and costs. Third, the court must approve all payments to be made from the settlement proceeds, including paying the medical providers who treated the minor. Finally, the court makes specific orders with respect to how the minor’s share of the settlement proceeds should be handled. Because the process of a Minor’s Compromise can be very complicated, it is probably best approached with the assistance of an experienced and reputable personal injury lawyer in Los Angeles .

Court wants assurance that the minor’s settlement proceeds will be used for the benefit of the minor until he or she reaches the age of 18. Therefore, generally courts order the minor’s portion of the proceeds to be deposited in a blocked bank account. Nobody is given the right to withdraw any sums from the blocked account without a court order.

If you are the parent or guardian of a minor who has been injured, it is essential that you seek the help and guidance of a personal injury lawyer to assist with this process. Further, it is vital to the success of the agreement to ensure that it meets all of the court’s requirements. For further information or to schedule an appointment with one our leading personal injury lawyers at West Coast Trial Lawyers please visit www.WestCoastTrialLawyers.com or contact us at (888) 888–WCTL (9285).

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