Arizona Car Accident Lawyers Explain the Process of Handling and Settling a Minor's Claim - Mesa, Chandler, Tempe, Glendale, Peoria, Sun City, Scottsdale, Ahwatukee, Maricopa, Apache Junction, Phoenix
When a minor is involved in a Arizona car accident in Arizona, the procedures are entirely different. During the negotiation stage, it is important to always make sure to account for the future injuries that may occur with a minor. Many times, it is unknown what will occur exactly. That is OK but a minor can recover damages for personal injuries that are likely to occur. People think many times that the threshold is that you have to absolutely know and predict the future. In fact that is not the case. When proving and collecting upon a personal injury claim for future damages, and this is true whether it is a minor or not, a person can collect for future damages by showing that it is more likely than not that the future damages or future medical care or future medical bills will be incurred. Thus, the standard is more likely than not. In criminal cases, the standard is beyond a reasonable doubt. When it comes to a car accident the standard is not as high a threshold as with a criminal case.
Fast forwarding to the settlement process. Typically, a minor’s settlement will have to be approved by a Judge. The Judge will listed to the lawyer, the guardian and the minor. Sometimes the minor does not have to appear for the Court hearing but if the minor is above 10 we encourage the parents to have the minor attend. Both parents must have notice that the court hearing will take place.
The Judge will listen to the fact and will either approve or disapprove the settlement and the disbursement of the settlement. At that time, it should be very clear to the minor and the parents what the minor will receive. Usually, either a restricted account is set up at a bank account or an annuity is purchased for the minor. The minor cannot touch the money until the minor reaches age 18. At that time the minor will have to petition the court to release the funds. This is an easy process to have the funds released but it is necessary to have a court hearing.
If you have any questions on a settlement regarding a minor’s injury or if your minor child has been injured, contact the husband and wife law team to help with your claim.
