The Right to Compromise a Minor’s Claim

Written by: Editor

Minors involved in personal injury accidents are entitled to obtain a rightful settlement but they lack the ability to enter into a written contract for that settlement. For this purpose, a petition is needed either by the parent or by the legal guardian in order to confirm that the settlement is final. This is known as the minor’s compromise and, in fact, it is not a compromise to the settlement amount but rather a formal acknowledgment made not by the minor but by a consenting adult. One of our Los Angeles personal injury attorneys can help you during this stage if your minor child was involved in an accident.

The purpose of the minor’s compromise

The main purpose of the minor’s compromise petition is to protect the rights of the child or minor in general. The same can be done for individuals with disabilities who have been involved in a personal injury accident. According to the court ruling, even if a parent or guardian is the one to sign the petition, the settlement shall be used solely for the benefit of the minor. For this purpose, the funds will be forwarded into a blocked account.
Once the funds are received, the plaintiff (legal guardians, parents, etc.) and the Los Angeles personal injury attorney will usually have 30 days to confirm that the money has been received and deposited as agreed in court.

The petition filing process

The petition is often referred to as the minor’s compromise packet and includes a set of forms available for online download. These forms include the actual petition to approve the claim, the medical services provider petition to approve the claim, the order to deposit money into a blocked account, the receipt form for the acknowledgment of the deposit and other forms, as needed, including those for persons with disabilities.
The petition can be filed by any of the two parents if they are not divorced or separated or by the parent who has custody of the child. A guardian can also file the petition. 
Please feel free to contact our team of Los Angeles personal injury lawyers for more information about obtaining settlements when the victim is a minor.