Personal Injury Settlements for Minors in California

Personal Injury Settlements for Minors in California 

In California, minors (those under 18 years of age) who suffer injuries due to accidents are entitled to compensation just like adults. Ensuring that minors receive the compensation they deserve involves a specific legal process known as a minor’s settlement agreement. According to California state law, any settlement involving a minor must receive court approval to protect the child’s interests. 

Common Causes of Child Accident Injuries 

Unfortunately, children are vulnerable to various accidents that can result in injuries. Some of the most common causes of these injuries include: 

1 – Animal Bites and Dog Attacks: Children are often victims of dog bites or other animal attacks due to their small size and lack of awareness. 

2 – Birth Injuries: Complications during childbirth can lead to long-term injuries for the child, often resulting in medical malpractice claims. 

3 – Car Accidents: Whether as passengers or pedestrians, children are frequently injured in vehicular accidents. 

4 – Medical Malpractice: Errors made by healthcare professionals can lead to severe consequences for minors. 

5 – Pool Accidents: Drowning or near-drowning incidents in swimming pools are tragically common among children. 

6 – School Accidents: Injuries at school can result from negligent supervision or unsafe conditions. 

7 – Sports Injuries: Contact sports and other physical activities often lead to injuries, sometimes severe. 

8 – Toy-Related Injuries: Defective or unsafe toys can cause serious harm to children. 

These incidents, although often labeled as accidents, usually result from someone else’s negligence. Adults, whether parents, caregivers, or property owners, often share liability for these accidents as they have a duty of care to protect children. 

What is a Minor’s Compromise? 

A minor’s compromise is a legal process where an adult, typically a parent or guardian, acts on behalf of the minor to settle a personal injury claim. Since minors cannot legally enter into contracts, a guardian ad litem is appointed to ensure the child’s rights are fully protected. The settlement aims to cover various damages the minor may have incurred, such as: 

• Medical Expenses: Hospital bills, ongoing treatment, and any future medical needs. 

• Pain and Suffering: Compensation for the physical and emotional distress caused by the injury. 

• Rehabilitation Costs: Costs associated with physical therapy or other rehabilitation services. 

• Lost Wages: For minors who are employed, compensation may also cover lost wages during recovery. 

Determining the Guardian ad Litem 

California law mandates the appointment of a guardian ad litem to represent the minor’s interests in a personal injury claim. Typically, this is a parent or legal guardian, but if the parents are separated, the custodial parent usually assumes this role. In cases where the parents are unable to serve, a non-parent may be appointed. The guardian ad litem remains in this role until the minor reaches 18 and cannot benefit personally from the settlement funds. 

4 Minor Personal Injury Claim Processes 

The minor personal injury claim process in California is governed by several legal codes, including Probate Code Sections 2504.90, 3500.91, 3600.92, and Civil Procedure Section 372.93. The court’s involvement ensures that the settlement is fair and just for the minor, which includes: 

1. Appointing a Guardian ad Litem: The court appoints a suitable adult to represent the minor. 
2. Ensuring a Fair Settlement Amount: The court reviews the settlement to ensure it is in the best interest of the minor. 
3. Providing Access to Settlement Funds: The court oversees how and when the settlement funds can be accessed. 
4. Securing the Settlement Until Adulthood: The court typically holds the settlement in a trust or blocked account until the minor turns 18.
   

Obtaining a Minor’s Compromise 

To obtain a minor’s compromise, the guardian ad litem must file a petition that includes detailed information about the accident, the injuries sustained, the terms of the settlement, and how the funds will be managed. If the court approves the petition, the settlement is placed in a trust or blocked account until the minor reaches adulthood. Attorney fees and other costs are typically deducted from the settlement before the remaining funds are allocated to the minor. 

The Minor’s Compromise and Release Hearing 

After filing the petition, a hearing is held where the court reviews the settlement agreement. The court’s primary role during this hearing is to ensure the settlement amount is fair and that any associated costs, including attorney fees, are appropriate. In some cases, an expedited process may allow for approval without a formal hearing. 

Managing the Minor’s Settlement Funds 

The settlement funds are typically placed in a sealed bank account or trust until the minor turns 18. In special circumstances, the court may allow funds to be withdrawn before that time if it serves the minor’s best interests, such as for medical expenses or educational needs. 

What if the Minor Compromise is Not Approved? 

If the court does not approve the minor’s compromise, the minor may choose to file a lawsuit after turning 18. While this option is available, it may not be ideal, especially if the minor is significantly younger at the time of the injury. 

Filing the Minor’s Compromise Petition 

The location for filing a minor’s compromise petition depends on whether a personal injury lawsuit has already been filed. If no lawsuit has been filed, the petition must be submitted in the county where the minor resides. If the minor lives outside of California, the petition should be filed where the lawsuit would have been appropriate. 

Recoverable Damages in a Child Injury Claim 

Minors are entitled to compensation for both economic and non-economic damages, as well as, in some cases, punitive damages. Economic damages include tangible costs like medical bills and lost wages, while non-economic damages cover pain and suffering, emotional distress, and reduced quality of life. Punitive damages are less common and are awarded in cases of extreme negligence or malicious intent.  

Can Parents Spend the Minor’s Settlement Funds? 

In general, the funds awarded to a minor are strictly for the minor’s benefit. Parents or guardians cannot access these funds without court approval. The courts are stringent about how these funds can be used to prevent misuse. Any funds that are withdrawn must directly benefit the child, such as for medical expenses or education.  

Seeking Approval for Spending the Settlement Funds 

Parents who wish to access the settlement funds must file a Petition for Withdrawal of Funds from a Blocked Account. The court will carefully review the request to ensure that the funds are necessary and will be used in the minor’s best interest. Requests for educational expenses, particularly as the child nears adulthood, are more likely to be approved. 

Contact The Arnold Law Firm for Assistance 

Personal injury cases involving minors can be particularly challenging. The Arnold Law Firm is committed to representing personal injury victims, ensuring that they receive the compensation they deserve. Our experienced attorneys understand the complexities of minor settlements and are here to guide you through every step of the process. If your child has been injured due to someone else’s negligence, contact The Arnold Law Firm today for a free consultation.