Experienced Attorney Helping Parents with Injury Suits for Minor Children throughout Kentucky
When a child suffers an accident that causes serious injuries, parents may wonder what options they have to get the compensation needed to care for their child. Regardless of how the injury occurred, a legal minor cannot file a lawsuit. Instead, the law requires that the parent or legal guardian take steps to protect the child.
A parent, with the help of a Kentucky personal injury attorney, can file a lawsuit on behalf of the child or the minor so that he or she may receive compensation for the injuries.
While you receive compensation for your child, it does not necessarily mean that you have access to that compensation.
The Use of Blocked Accounts
Some courts will take the settlement and place it in a secured, blocked account until the child turns 18. Withdrawals may be permissible from these accounts as long as it is required for the child’s care or wellbeing. The court’s approval is required to withdraw, and they will assess if a parent or guardian is doing so for the best interest of the child.
How Kentucky Handles Settlements
Kentucky uses similar rules, but there are situations when the court will grant full access to parents for the minor’s settlement account. For example, a guardian may request the courts to disperse the settlement to them directly if the settlement is below $10,000.
Brought in the Name of the Parent
Usually, injury claims for minors are brought against the defendant in the name of the parent. The complaint will specify the child by initials only.
Once the claim is settled, the court issues its final approval. They may require a conservator for the compensation, if the amount is more than $10,000. The conservator then sends yearly accounting data to the court.
If funds are less than $10,000, the guardian is required to prove that the child is under 18 years old. Also, the parent must prove that the child is in his or her custody, and that the parent agrees to manage the funds as a trustee. Funds can only be used for health care, maintenance, and education costs for the child. Evidence of each withdrawal is then provided to the court.
Court Must Approve Settlement
Unlike a traditional settlement, cases with minor injury victims must be approved by the courts. After both sides have agreed to a settlement, the settlement is presented to the presiding judge. The judge reviews the settlement to ensure that it is in the child’s best interest – not the guardian’s or parent’s.
Was Your Child Injured? Contact a Personal Injury Attorney Now
If your child was seriously injured in an accident, contact an attorney immediately. The law limits how long you have to file a suit against a negligent party; therefore, you need assistance from an attorney as soon as possible.
Meet with Gladstein Law Firm, PLLC by calling us or request your free consultation online.