Legal Question in Personal Injury in New York

when you settle a injury case for a minor what happens next? does your lawyer need to give you papers to look over before you go before the judge? do you sign anything before you go before the judge? what happens when you go before the judge?

Asked on 10/22/09, 9:53 pm

2 Answers from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

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After the case is settled, the attorney prepares an "Infant's Compromise Order." The ICO includes an Affidavit signed by the parent, an Attorney Affirmation, a Physician's Affidavit and a proposed order.

Once the court accepts the paperwork (Clerks are very particular so ICOs are routinely rejected or "bounced"), the court schedules an Infant's Compromise Hearing. The Hearing is very brief. The Judge asks the parent and child a few questions to be certain the infant's settlement is satisfactory. If the Judge is satisfied with the settlement, he or she signs the Order. The Order directs the defendant to pay a check to the parent and a trustee of a savings bank of the parent's choice. The infant can withdraw the funds on his or her 18th birthday.

Hope this was helpful!

Answered on 10/27/09, 10:15 pm

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