Minor Settlements
When a person under 18 years of age is injured, Florida law requires court approval for settlements over specific statutory amounts. This is to ensure an agreement following an accident does not become detrimental to a child’s interests. Florida law provides specific requirements for when judicial approval of a settlement is required, whether or not a personal injury case was ever filed in court.
Aspects of Minor Settlement laws that make a case?
Children are considered a minor until the age of 18. A minor is not allowed to file a lawsuit on their behalf. Typically, their parent or guardian would instead be the one to file a lawsuit.
The amount of the settlement at issue is also important. Suppose the minor is only one of several people injured in an accident. In that case, the aggregate settlement amounts will determine the steps necessary to obtain court approval and whether a Guardian Ad Litem should be appointed as an additional safeguard for the minor’s interests.
The costs of obtaining court approval should be discussed whenever possible when negotiating a settlement of the minor’s claim to eliminate surprise, confusion, and additional expense affecting the minor’s settlement.
Why do you need the assistance of an attorney?
The many laws controlling minor settlements can be overwhelming to interpret alone. Knowledge of both civil procedure and guardianship law must ensure all requirements are met.
\When you hire an attorney from the Davey Law Group, we will eliminate that confusion. We work with Plaintiffs and Defense counsel/carriers both before and after agreements are reached to streamline the process, explore options for the settlement, and obtain efficient court approval in both civil and guardianship court. If your case involves an injury to a minor, call the Davey Law Group today at 407-645-4833 or email reception@daveylg.com to schedule a consultation appointment with one of our qualified attorneys and find out how we can help.
Catherine E. Davey
Attorney