Legal Question in Personal Injury in Texas
Is there a limit on settlement for minor?
My 3 yr son fell from a 2nd floor apt balcony due to negligence of structural integrity on the owners behalf. (The balcony railing gave way while he was standing in front of it. Allowing him to fall.)I have begun speaking with the insurance comp and they have agreed that the property is at fault, and have paid the medical expenses. We have been very fortunate that my son did not sustain a major head injury or die, but he has some scarring. While speaking with the adjustor he commented that there was a limit on the amount of money we could receive without getting the courts approval since my son is a minor. Is this true? He says there is a $2000 limit without having to get the courts approval. I am wondering if this is true so that I may determine if it best if I obtain a lawyer.
4 Answers from Attorneys
Re: Is there a limit on settlement for minor?
The insurance company has misled you. There is no "magic number" at which a settlement must be approved by the Court. Actually, a "minor prove-up hearing" is mostly for the protection of the INSURANCE COMPANY. The reason for this is that a minor cannot sign a contract. Therefore, the insurance company cannot obtain a valid release from a child. Even the parents signing for the child is not really valid. For the insurance company's protection, they will usually ask a judge to approve the settlement, since the judge can, in effect, "sign a release" for the minor. This ensures that the insurance company and their insured (the owner of the apartment complex) cannot be sued by the minor once he turns eighteen. What the insurance company is REALLY saying is that they will not spend the money necessary to hire an attorney and have a minor prove-up hearing in a case that is only worth $2000 or so. This certainly does not mean that you have to agree with their assessment of damages. The value of the case is determined by how hurt your son is, and that is usually determined by what the doctors say about his current condition and the likelihood of any future problems. I would be glad to advise you at no cost on whether or not to take this settlement. If it appears the settlement is not fair or is not in your son's best interests, then we can decide together how to proceed on your claim.
Re: Is there a limit on settlement for minor?
One reason to get an attorney involved is when you want to make sure there is no long term damage or complications. Have you spoken with an attonrey or only the insurance company? When did this happen?
Re: Is there a limit on settlement for minor?
You should not worry about what the court must approve. Your son's case may well be worth more than $2000.00.Please call me at 214-520-0000 for more information.
Re: Is there a limit on settlement for minor?
You should definately speak with a lawyer about the case to ensure that your child is adequately compensated, including any future damages. As your child is a minor, it will be necessary to institute a "friendly lawsuit" in order to have a judge (and an attorney ad litem) approve the settlement. I suggest you contact a lawyer (even if it's not me) as soon as possible.
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