How MillerKing Law Firm Deals With Personal Injury to Minors
MillerKing Law Firm focuses and concentrates on personal injury claims or cases personal injury to minors or involving minors (children under the age of 18). In these kinds of cases, we are dedicated to getting our clients and their children the financial compensation deserved and owed. We take all cases seriously, especially involving kids. Some of the more complicated cases we take on are those that involve personal injury to minors.
What Defines Personal Injury to Minors
A minor is someone who is under the age of 18. Under the law, minors are prohibited from entering into contracts and agreements, including personal injury claims or cases. Therefore, a minor cannot enter into a settlement agreement or pursue alone a personal injury case. On behalf of the minor, a parent, guardian, or grandparent must bring a claim or case. The parent, guardian, or grandparent by bringing the claim or case is substituting his or her judgment for the child. This process requires special caution and attention to detail in the best interests of the child or minor.
One of the key components of a minor’s personal injury case is seeking court approval upon successful conclusion of the case. Oftentimes, the minor’s personal injury claim or case will flow or proceed naturally like any other case, including the seeking of reasonably necessary medical care and treatment. After medical care and treatment has been completed, the next step is for the lawyer to accumulate the medical records, medical bills, and other documents. Once the file is prepared and ready, the lawyer along with the parents and minor will try to settle the case. If a case cannot be settled, then a lawsuit may be filed. Regardless of a pre-lawsuit or post-lawsuit settlement, the lawyer must seek court-approval to finalize the terms of the settlement agreement. Court approval takes time, but is a necessary and vital step to ensure that the minor’s best interests are being protected and served without exception.
What to Know When Filing a Case Involving Personal Injury to Minors:
Getting Court Approval
Once a court of competent jurisdiction approves a minor’s settlement, the minor does not receive the proceeds directly, but rather those funds are deposited into a FDIC restricted account. The goal of a minor’s personal injury case is obviously for that minor to heal, get the necessary medical care and treatment, make sure that the parents or grandparents aren’t liable for medical bills, and that the remaining proceeds (court-approved) are set aside for the minor’s benefit, whenever the minor turns age 18, sometimes beyond.
In Illinois, minor’s personal injury claims or cases require careful attention to detail, following the rules and procedure, and making sure that the minor is protected.
Common Cases Involving Personal Injury to Minors
The most common forms of minors’ personal injury claims or cases involve automobile accidents, trucking accidents, medical malpractice, dog bites, products liability, and premises liability.
Miller King Can Help File Cases Involving Personal Injury to Minors
Personal injuries to minors can be very intimidating, stressful, and scary. It’s important that the minor and parents/guardians seek ethical, competent, and quality legal advice and representation. MillerKing Law has helped and represented many minors in personal injury claims and cases. To learn more, you can visit our website at https://millerkinglaw.com/practice-areas/personal-injury/ or give us a call at (618) 462-8405.
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