Minors and Settlements

When a minor is involved in a personal injury lawsuit, it can be a very confusing and trying time. They will certainly need an injury attorney in Bradenton FL to help navigate these legal waters. Here are a few facts you may need to know if you find yourself involved in such a lawsuit.

Is Court Approval Mandatory

According to Florida Statutes 744.387, the guardian of a minor may settle any claim by or on behalf of a minor if the settlement amount is under $15,000.  If the litigation involves an auto accident, a “disinterested guardian ad litem” should represent the child’s interests since there may be a conflict with the interests of the parents. A personal injury law firm Bradenton Florida will let you know if this should be done.

What Is The Role Of A Guardian?

A guardian is only involved to ensure the best interests of the child are met. If parents are involved in the same incident of personal injury, they should not be involved as guardians for the purposes of that particular lawsuit. A “Guardian Ad Litem” will assume that role. A Bradenton injury lawyer can interview people close to the minor to see who fits this role the best.

Does The Amount Of Settlement Affect Anything?

As stated before, if the amount of the settlement is under $15,000, court approval is not needed. At its discretion, the court may decide to assign a guardian ad litem for settlements over $15,000. It is mandatory that the court assign a guardian ad litem for settlement amounts over $50,000.

If you have a child who is involved in a personal injury or wrongful death lawsuit, it is crucial that they speak with an attorney from the Neri Law Group. The attorneys can help make the case and lawsuit far less confusing for everyone involved.