Articles Posted in Minors

Out of Luck Because I Signed a Waiver? https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2022/03/Screen-Shot-2022-03-16-at-1.25.49-PM-300x181.png

You signed a waiver for your child to participate in an activity, but your youngster suffered an injury while participating. Are you out of luck when it comes to seeking compensation from the organization that put on the event?  Maybe, but maybe not.

A waiver is required to be signed nowadays as a condition to participating in just about every organized activity. The purpose of the waiver is to protect an entity from liability for injuries that may occur during the activity, instead, forcing participants to assume the risk.

1-300x222If your child has been injured and you have agreed to settle a claim on his or her behalf, you are not done yet – even if you have a signed settlement agreement in hand.  You are only able to obtain the settlement funds for your child after jumping through a few hoops.

Minor’s compromise, often referred to as “minor’s comp,” is the procedure by which a parent or guardian (most likely through an attorney) provides details of a child’s settlement to the court for approval.  This court approval is required for every settlement involving a child’s claim, even if no lawsuit has been filed.  (There are some exceptions if the settlement is under $5,000.)  The judge, in a sense, acts as the child’s advocate in examining the settlement terms to ensure it is a fair compromise for the child since, by agreeing to settle, the child is giving up the right to file a lawsuit down the road.  (Children have until they turn 20 years old to file a personal injury lawsuit; the two-year statute of limitations does not start running until they turn 18).

The details of the child’s claim and settlement are examined at a hearing.  Although this procedure sounds relatively straightforward, the paperwork required to support a minor’s compromise can be a bit daunting.

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