No parent wishes to think about the possibility of their child being harmed in a motor vehicle accident. Unfortunately, this can happen. Even if you’re a responsible motorist who obeys the rules of the road when driving your children, you can’t prevent negligent parties from putting your child in harm’s way.
Has your child been injured in a car accident in Massachusetts? If so, they may be eligible to recover financial compensation, just as an adult would. However, the process by which they can pursue said compensation is somewhat different from the process that would apply if they were an adult.
How Minors Can File Car Accident Claims or Lawsuits in Massachusetts
An adult will typically file a car accident claim or lawsuit on a minor’s behalf in Massachusetts. This adult will usually be the child’s parent or guardian.
The expectation is that a parent or guardian who files a claim on a minor’s behalf in Massachusetts will act in their best interests. Thus, if a child reaches a settlement, their parents must often submit a petition to a judge to approve the settlement.
This also gives the judge the opportunity to ensure a plan has been established to properly use or invest the funds a child receives when their case is resolved. During this stage of the process, the child’s parent (or other adult filing a claim on their behalf) must formally acknowledge they understand that the funds from a settlement technically belong to the child.
The Judicial Review Process in Massachusetts When Minors Are Involved in Car Accidents
Children in Massachusetts can’t enter into legal agreements by signing contracts in the same capacity that adults can. This means a child technically can’t sign a settlement agreement.
Because of this, if a settlement amount is at least $10,000, often, an insurance company will ask a court to approve the settlement. This ensures a settlement agreement is enforceable. It also benefits the insurance company by preventing a child from suing the insurance company on their own once they turn 18 and legally become an adult.
The judicial review process doesn’t solely exist to protect an insurance company. It also benefits a child. During the judicial review process, a judge will approve a plan designed to protect the money a child receives from a settlement. The judge will also determine whether their parents or another such guardian can be trusted to keep the proceeds safe until the child reaches the age where they may collect them.
The expectation is that a parent or guardian who files a claim on a minor’s behalf in Massachusetts will act in their best interests. Thus, if a child reaches a settlement, their parents must often submit a petition to a judge to approve the settlement.
Massachusetts Personal Injury Claims & Minor Victims: When Structured Settlements Are Necessary
Sometimes, when a child is harmed in a car accident, a settlement amount may be fairly large. This might be the case if a child’s injuries are particularly serious.
In some instances, when settlement amounts are large, structured settlements are necessary. With a structured settlement, instead of the funds from a settlement being paid out in one lump sum, payments are made in smaller amounts on a regular basis over an agreed-upon span of time.
This may not seem to be ideal to those who would prefer to receive the proceeds from a settlement all at once. However, it can actually serve many purposes.
For example, depending on the severity of a child’s injuries, they may need ongoing care. Paying a child regularly instead of at one time allows for a child’s needs to be properly met. Additionally, this structured approach makes it easier to effectively plan how the proceeds from a settlement will be used. Although few people ever imagine they will squander the proceeds from a settlement when they receive their payment, this can happen if you receive a settlement in a lump sum and haven’t budgeted effectively.
Another option, in addition to structured settlements, can be the establishment of a trust for the benefit of the minor child.
The Importance of Hiring an Attorney
This overview covers just some of the ways the process of seeking compensation after a car accident can be unique if you’re a parent filing a claim or lawsuit on behalf of your child in Massachusetts. For more information about your specific case, schedule a consultation with a lawyer.
At Swartz & Swartz, our Boston car accident attorneys understand you want what’s best for your child when they’ve been injured in a car accident resulting from the negligence of another party. We’ll help you navigate the process of taking legal action, optimizing your chances of securing the compensation your child deserves. Learn more about how we can help by contacting us online or calling us at (800) 545-3732.
Need Help?
If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
About the Author: David W. Faraci
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