Injury cases typically arise from auto collisions involving adults. But what if a child is injured? The law has special rules for injury cases involving minors.

Injury cases typically arise from auto collisions and other incidents involving adults. But what if a child is injured? The law seeks to protect the interests of children who are injured and has fashioned special rules for compensation in cases involving children. Any settlement reached for injuries suffered by a child must be approved by the court, even if no lawsuit is initiated. If a minor is injured in a collision and their parents hire a personal injury attorney to pursue a claim against the insurance company, the court’s approval is required when any settlement is ultimately reached.

In effect, an additional procedural layer has been created by statute that requires your lawyer to petition the court for approval of the settlement. When the court receives notice of the settlement, a person known as a Settlement Guardian ad Litem (or SGAL) is appointed by the court. This person is provided with information regarding the incident and injuries and assesses whether the settlement is in the interest of the child. The SGAL then will make a recommendation to the court based upon their evaluation.

Most minor settlements will also require some forethought regarding placement of the settlement funds. The parents are not entitled to the money received in the settlement. Instead, the money is usually placed into a blocked account or an annuity contract is purchased where the money can await the child to reach the age of majority. In cases where significant amounts are involved (more than $250,000 or so), the court may direct that yet lawyer be appointed to prepare a Trust for the child and a separate Trustee be appointed to administer, invest, and distribute that Trust.

It is important that you hire a personal injury attorney who is familiar with the law regarding minor settlements and who can help guide you and your family through the process. Our law firm has represented numerous minors in injury claims throughout Washington and offer a free consultation to discuss your claim. Give us a call at 253.858.5434 to see how we can help!