Personal Injury Lawyer Louisville, Kentucky Injuries of Minor Children under 18 years old.
Generally, the same law applies to injuries of minor children as to adults. However there are some exceptions and nuances. When minor children get injured the Statute of Limitations maybe tolled for minors’ injuries, therefore it is important to discuss your claim with a lawyer to make absolutely certain.
Children may be injured in many ways including in car accidents, truck accidents, on a bicycle, while out playing, during school, on a school bus, during extracurricular activities, due to negligence supervision, due to dangerous conditions and hazards on premises, and as a result of medical malpractice.
Parents or legal guardians of the child can file a claim on behalf of their injured minor child. However, the parent (s) will not be able to keep the money from a personal injury settlement of their minor child in most cases. The law requires that all injury settlements of minor children must be approved by the Court before they can be settled. Additionally, once a personal injury settlement takes place, the proceeds of the minor child’s settlement have to be segregated and placed in a “blocked” bank account. The proof of money placed in a blocked account must be filed in the Court. A skilled injury lawyer should be familiar with this process. Parents cannot take the money out of this account without the Court’s prior approval. The Courts in Kentucky tend to rarely approve the parents’ request to withdraw money from the child’s blocked account absent some extraordinary circumstances. Usually there must be some extraordinary reason for the court to approve such a withdrawal. The reason is that the money belongs to the child and not to the parent. Children get to enjoy the proceeds of their injury settlement when they turn 18. If for example, a child who was injured at a very young age wants to open his or her blocked account to purchase a car when that child turns 16, then Court’s permission will be required. This permission may or may not be given by the Court if the child is under 18. It would require presenting arguments to the Court and making a convincing case.
At Aleksander Law Office PLLC, Anna Aleksander has experience with minor children’s injury settlements and she can assist you at every step of the claim from opening the injury claims, filing a lawsuit, negotiating a settlement and getting it Court approved.
If your child suffered an injury as a result of the carelessness and negligence of another person whatever that injury call right away to discuss the legal claim with Anna Aleksander, Attorney. (502)589-0816