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How A Minor’s Personal Injury Claim is Handled

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Nevada personal injury cases filed on behalf of minor plaintiffs are handled differently to ensure that their settlements are fair and their rights protected. A personal injury attorney in Las Vegas understands how the process differs when an injured victim is a minor. In order for a settlement to be binding for a minor, it must first be approved by the court. If a settlement agreement is not submitted to the court for approval, then the minor may reassert his or her claim within two years of reaching age 18.

The Settlement Process For Minors

When an injured minor’s parents sue on his or her behalf, the case will proceed in a similar manner as other personal injury claims. A personal injury attorney in Las Vegas will work to negotiate a settlement that falls in the range that the attorney believes the case is worth. If a settlement agreement is tentatively reached, the insurance company will prepare a friendly suit and submit it to the court. The court then will appoint a guardian ad litem who will be tasked with representing the child’s interests.

The guardian ad litem will review the settlement and make a determination about whether or not it is fair and reasonable. If the agreement is denied by the court, then the parties may resume negotiations to attempt to reach a different settlement amount. This process may continue until the court approves the settlement or the parties go to trial. If the settlement agreement is approved, then the parties will be allowed to proceed, and the minor will not be able to reassert the claim after he or she reaches age 18.

How Settlement Money Is Distributed To Minors

Unfortunately, some people try to take advantage of minors who have received large settlements in personal injury cases, including their parents and others. In order to protect the minors and to make certain that the money goes to help them, the courts may order the settlements to be placed in the courts’ registries for the minors until they reach age 18. If money is needed for their care prior to then, then their guardians will need to petition the court and explain why they need the funds. When the child reaches age 18, the remaining funds are distributed to them.

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Las Vegas Personal Injury Lawyer Cliff Marcek

Mr. Marcek has published several legal articles, been a featured speaker on legal topics and has represent several clients pro bono during his career. In addition, Mr. Marcek was a member of the Attorney Generals Commission on Military Assistance in 2015.

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