Information For Parents And Guardians

Florida Guidelines For Settlement Of Minor Claims

If your child has received a settlement, there are a few important facts to understand. For minors under the age of 18, Florida law requires that a parent or guardian be involved with the pursuit and settlement of personal injury claims. However, in some instances the settlements and payments will require court supervision and approval, and this is where our firm can help you. If you have a minor child who will receive a personal injury settlement, it is essential to have an attorney involved who understands the rules governing approval and payment. Your personal injury attorney may have given your case to our firm to handle the final payment procedure, due to our experience in this technical area of law. There are a few specific guidelines that will be applied:

Settlement agreements out of court, under $15,000, may be finalized without court approval (although insurance companies may require court approval prior to making payments).

A settlement agreement of any amount that results from a filed lawsuit must have court approval.

Any settlement amount over $15,000 requires court approval, even if a lawsuit was not filed.

The court will evaluate the settlement terms to ensure that it is in the best interests of the minor.

Settlements agreements under $15,000 will be paid directly to the parents or guardian, to use on behalf of the child.

Settlements over $15,000 will require a formal guardianship of the funds, which will be placed in a restricted account to be accessed for specific reasons and only by court order. Examples of allowed use are education, healthcare or living expenses.

What We Need To File The Petition And Application To Settle A Minor Claim

When we file the petition, the application will need to contain the following information:

1.) The facts of the case.
2.) Issues of liability.
3.) Monetary damages sought.
4.) Settlement amount.
5.) Attorney’s fees and costs.

The court may approve the petition without a formal hearing, but if the settlement amount is large or is inequitable, we may need to attend a hearing and explain the settlement details. Our firm is committed to handling every last detail so that your child will receive the settlement to which they are entitled.

Rachel Popper, P.A.: Assisting Attorneys With Applications To Settle A Minor Claim

We are experienced in all types of minor settlements, and invite you to use our firm as a skilled resource in this very technical procedural area. Our firm is available to take referrals, and will pay an appropriate fee to the referring attorney. We offer a free consultation to attorneys and parents who would like to learn more about settlements for minors, and how we can be your counsel in finalizing the case.

Our Services For Personal Injury Attorneys

One of the most gratifying aspects of practicing as a personal injury attorney is obtaining a settlement on behalf of an injured minor child. However, due to the minor's lack of legal capacity, certain steps must be taken to make sure that the settlement is handled to protect their interests. This procedure is time consuming and can distract you from other pending cases, and our firm is here to make sure that the settlement is approved by the court and paid as agreed by all parties. When you allow us to complete the application for settlement of a minor claim, we will give your client the highest level of legal counsel to finalize the case.