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Article Directory :: Legal Articles
Because children don't have the experience or the mental capacity to recognize potential dangers as well as adults, personal injury claims for children are a bit different than personal injury claims for adults. Because a child's body is not fully developed, it may sustain an injury from an accident that would not have hurt an adult.
Although the legal process for child personal injury claims is similar to the process for adult personal injury claims, they are handled differently. Here are a number of the major differences:
A Guardian Ad Litem Has to be Appointed
A guardian ad litem has to be appointed to represent a child that is injured. The guardian ad litem acts on behalf of the injured child and is appointed by the court.
One of the reasons that a guardian ad litem is needed is because children are not able to assess what a reasonable settlement would be. Therefore they could be taken advantage of by opposing counsel.
When a Settlement is Reached It is Deposited into a Blocked Account
After a judgment or a settlement is reached in personal injury case involving a child, the amount of money that is awarded is deposited into either a blocked account or an annuity that will not be available to the child until he or she is 18 years old.
After the legal fees are paid, the court will hold the proceeds of the settlement in a low-interest bearing account. When the child reaches adulthood the court will then disburse all of the funds to the plaintiff.
These two rules were created to ensure that the child will receive the settlement that was awarded to them, and that it is not be used for any other purposes. For example: Parents cannot spend their child's personal injury settlement. If necessary expenditures do arise, the parents must petition the court in order to receive them.
Attorney Fees May Differ
In many states the contingency fee rates that an adult will pay a firm after a victorious personal injury lawsuit ranges from 33.33 percent to 50 percent. The California Judicial Council had put a 25% cap on a child's settlement but now the fees are based on a "reasonable fee standard" that are subject to court approval.
It's believed that by taking the cap off the fees for a child's personal injury claim, the child and his/her parents will be able to receive more experienced and competent counsel to represent them.
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