As a parent, you try your best to prepare for whatever life throws at you. Maybe your child took a spill while learning to ride a bike, or perhaps you have a little daredevil at home. Whatever the case may be, parents know accidents can and will happen. However, there are some cases where an injury to a child is caused by someone else’s negligence or recklessness. In these cases, you and your child may be entitled to financial compensation.
What is a minor settlement?
A personal injury claim may be filed when the careless or reckless actions of another person or entity play a role in your child’s injury. In New York, a child has the same right to compensation for a personal injury that an adult does. Children may receive compensation for pain and suffering, permanent injury, emotional distress, and disability. Furthermore, a parent who is paying for their child’s medical treatment can be compensated for any medical bills related to their child’s injury.
In New York, neither a minor nor their parent can accept a settlement in a personal injury case without the court’s approval. This provision – called an “infant’s compromise” – is designed to protect the interests of minors who have been injured in an accident caused by negligence. A judge may use the “infant’s compromise” to protect minors in personal injury cases in two ways:
- A judge can refuse a settlement if he or she feels that it provides inadequate compensation for the severity of the injuries or trauma sustained by the child.
- A judge may direct where the money awarded to a minor is held or invested so the money is not squandered by either the minor or their parent.
Finally, if the amount of damages awarded in a personal injury case is not large, or if the injury to the child does not prevent them from being able to manage their money when they turn 18, the money will be deposited into a bank account.
Whether the money awarded to a minor is deposited into a bank account or invested, a minor who is awarded damages in a personal injury case will generally not be able to access their compensation until they turn 18 years old.
Contact a child injury lawyer
If your child has been injured as the result of someone else’s negligent behavior, call the Law Offices of Evan W. Kohn today. Our personal injury lawyer Bronx is ready to provide personalized guidance for your case. Call (718) 409-5500 or contact us online to schedule a confidential consultation.