Personal Injury Claims for Minors; a Decatur Child Injury Attorney Explains
When a child gets injured, it can be the cause of a high level of anxiety for parents who will not only be faced with dealing with their child’s recovery, but who will also need to ensure that they are doing the right thing when it comes to their child from a legal standpoint. The first and probably most important thing that must be done following a minor’s accident is to make certain that the child gets the appropriate medical care needed. All children living in the state of Illinois should be eligible to obtain any needed care through the Kids First insurance program even if their parents don’t carry any private health insurance coverage of their own.
Settling a Minor’s Personal Injury Claim
Adults generally have the luxury of settling their own personal injury claims on whatever terms they see fit; however, the rights of children cannot be settled that simply. Minors are not able to make legal decisions; however, all of that changes once they reach the age of 18. Once 18, they will then be permitted to settle their personal injury claims in any manner they so choose. Please note, though, that until the child becomes 18, any settlement that involves that minor will not become final without court approval.
If the judge approves the settlement, any funds awarded to the minor will have to be deposited into a bank account that has been approved by the court with the stipulation that the money cannot be taken out (without first obtaining an order of court) until the injured child’s 18th birthday. When the child turns 18, he or she will then be an adult who will be free to do whatever he or she wishes with the money. The primary reason that the money has to be kept in a restricted bank account is to keep the child’s parents from enjoying the money themselves because after all, it was the child, not the parent, who was injured in the accident, and the child should get the full benefit of that settlement.
A Decatur Attorney Can Help You With Your Claim
If you have a child who has been hurt by someone and you don’t know what to do next, you need to call and speak with an attorney who can guide you through the process of making a claim on behalf of your injured child. If you don’t already have an attorney, please call John Cannon at 1-800-373-6050 for a free consultation today.