Legal Question in Personal Injury in California
I have a case where I am settling a minor's claim for under $5000. From reading other questions and answers it appears that you believe a minor's compromise is unnecessary for settlements under $5000. Can anyone provide me legal authority for that? Opposing counsel is under the impression it is required no matter what the settlement amount is.
1 Answer from Attorneys
It is technically required regardless of the amount of the settlement but most insurance companies will not require it if the settlement is less than $5,000 and the minor has no permanent injury. In other words, if the minor feels 100% fine and has no scarring or permanent effect from the injury the insurance company can waive it. Some insurance companies will not waive it if the minor does not have a lawyer and some require it if the amount of the settlement is $3,000 or more. You have no choice but to obtain one if the insurance company requires it. The reason for the minor's compromise is so that the minor cannot sue when he or she is over 18 years of age.
Related Questions & Answers
-
Need tort laywer specializing from state prison Asked 3/06/11, 10:46 am in United States California Personal Injury Law and Tort Law