The Social Security system is in place to help us through difficult times. Unfortunately, there are some instances in which the system makes our lives even more difficult than they need to be. The day I received the denial letter for my claim, I wasn't sure what I was going to do. After talking with a few friends, I contacted a lawyer. That was the best decision I had ever made. Even with the professional assistance, getting the denial overturned and getting the money that I was owed took several months. I have kept a clear journal of my experience and loaded it with information that can help others get through what can be an impossible time.
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Social security denial - a journal of assistance
How A Personal Injury Case Involving A Minor Is Settled
Alexis Garcia
When a teenage child is seriously injured in a car accident and someone else is at fault, you, as the child's parent, you will have to determine how to settle the personal injury claim. A child under the age of 18 cannot file or settle a claim like this on his or her own, but that does not mean he or she does not have the right to compensation. If you are in this situation, you should talk to a personal injury attorney about how cases work when they involve minors. Here are a few things you should know about cases like this.
There Must Be A Guardian Ad Litem
The first thing to understand is that to settle a case involving a minor, you must have a guardian ad litem. A guardian ad litem is typically a lawyer who is experienced handling personal injury cases that involve minors, but you can also request to be the guardian ad litem. The guardian ad litem is a person that has the primary job of looking after the best interests of the child involved in the accident.
If you decide you would like to be the guardian ad litem, you will need to hire a personal injury attorney to assist you with the case. Your lawyer would help you take the right steps to get appointed to serve as this role in this case. If the court appoints you, your job is to make sure your child receives a settlement that is fair.
The Case Can Be Settled Outside Of Court Or In Court
Once your child has an appointed guardian ad litem, you can proceed. The best way to settle any type of personal injury case is outside of court. To do this, your lawyer would begin negotiating with the other party's insurance company. As this is done, your lawyer will fight to receive compensation for all the damages, injuries, and trauma your child experienced from this accident. If the insurance company will agree to the amount your lawyer asks for, the case can be settled outside of court.
If the insurance company refuses to agree to a decent settlement amount, the case can be brought into court. When this happens, the settlement amount will be up to the court to decide. It is much faster and cheaper to settle a case outside of court. Unfortunately, this is not always possible.
How The Settlement Money Is Handled
If your child's case wins, he or she may receive a large settlement from it. If this happens, the judge may stipulate that the settlement money must be placed in an account until the child reaches a certain age. The type of account used for this purpose is typically a trust. In most situations, the child will not be able to touch this money without a court order, unless there are instructions to allow the child to withdraw money when he or she reaches a certain age.
This is done to protect the child. A teenager may seem responsible, but in most cases, teenagers are not responsible enough to handle large sums of money. This is why the court will require that the money be placed in a fund the child cannot access for a certain amount of time.
If there are medical bills from the accident, the court will typically allow them to be paid out of the settlement money. This is done before the money is placed into the fund for the child.
Settling a case involving a minor is slightly harder than settling a case with all adults, and you can learn more about this by contacting a personal injury lawyer in your area.
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