Is Settling A Personal Injury Case Involving An Injured Child More Complicated In Rochester, NY?

When a child suffers a personal injury, it helps to have an experienced Rochester personal injury lawyer who knows all the steps that must be undertaken to properly settle the case.

While personal injury cases involving a child are in many ways similar to claims for injury to an adult, there are some important differences.

When settling a personal injury claim on behalf of a child, there usually are some extra steps that must be undertaken, which may complicate resolution of the matter.

Because any compensation paid in damages is meant to be for the benefit of the child, not the child’s parents or guardian, New York State requires that most personal injury settlements involving children be subjected to careful scrutiny by the courts.

This means that even in cases where the personal injury lawyer is able to obtain compensation from the negligent party without having to file a formal lawsuit, it will still be necessary to submit information to a court so that a judge may review the settlement and make sure appropriate steps have been undertaken to ensure the settlement ultimately benefits the injured child.

Information that is typically submitted to the judge includes the amount of the settlement, the portion of it that is being used to pay attorney’s fees and other expenses associated with obtaining it, the type of account being used to hold the remainder of the funds, and what safeguards are in place to ensure that funds are only withdrawn to pay for the child’s needs.

Especially for larger settlements, money may be placed in a trust fund with approval from a third party required to make withdrawals.

Until the court approves the terms of the settlement, the child’s personal injury case cannot be fully settled.

If your child has been injured due to another person’s negligence, we know what steps are necessary to fully settle any personal injury claim.

Call us at 585-484-7432 for legal help.

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