Legal Question in Personal Injury in California

Although plaintiff attorneys never recognize it, when both the parents and the child have bodily injury claims, there is really a conflict of interest between the two. Unfortunately, the courts also ignore the conflict. If the total of all claims is grearter than the insurance policy limits, then often the child does not recover the full amount of their damages as the parents take a larger share of the insurance limits.

As a practical matter, a parent is appointed guardian ad litum for the child [whilch starts the two year statute of limitation to file suit] and the parties enter into a "minors compromise" that must be approved by the court. Some judges will ask questions to try to be sure the minor is not being taken advantage of, but many judges are not that thorough. You wil need a medical report stating what the minor's injuries were, if no further improvement is anticipated, what future medical treatment is needed, etc. Once the court approves the settlement, the money is placed in a blocked account with the parents having the right to petition the court at a later date to advance some funds to the minor upon a showing of need [something like medical bills the parents can not afford, educational costs, but not a cherry red sports car]; upon reachlng 21, or sometimes younger, the money iln the account and the interest earned are turned over to the child. The parents do not receive the settlement funds for them to use as they see fit.