Often a question that I am asked is what happens when my son/daughter was injured and it was not my child’s fault?
On the front end I would handle your child’s claim much like any other injury claim. You will likely take your child to his/her doctor. When your child is fully healed and his/her doctor releases your child, I would then attempt to negotiate a settlement. If necessary I would file a lawsuit against the responsible person.
The distinction happens upon settlement of a claim or judgment. Arizona law requires that the Court approve any settlement on behalf of a minor child. However, this requirement is not extend to all minor’s claims, A.R.S. 14-5103 provides that Court approval is not needed for a settlement under the $10,000.00. However the statute does mandate that any such funds be paid directly as follows: (1) to the minor if, the minor is married; (2) any person having care, custody of the minor, provide the minor resides with that person; (3) the minor’s guardian or (4) a blocked savings account in the minor’s name.
If court approval is required, the Court will require either a structured settlement or depositing the funds into an account as described above. The first option presents the best growth opportunity for the settlement funds and are designed to protect the minor and his/her settlement funds.
So the answer What to Do if Your Child Was Injured In An Auto Accident? If you are a parent and your child was injured make sure speak to an experienced injury attorney who has experience handling minor’s claims.
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