Legal Question in Personal Injury in Virginia
minor child in charterbus accident
if there is a minor child involved in a chaterbus accident, and the charter bus driver got a ticket for following to closely, and a child on the bus got hurt which he is 10 years old. since we the parents are requesting a lawyer if there is any money won would it have to be put in a fund for him until he is 18. i mean is that the actual law, or would we the parents be able to get the money since we are the ones getting a lawyer, missing time from work, paying for medical insurance, taking him back and forth to doc, and other things like that. i am just wondering because unless we would like it to be put into a fund that is not fair for us to go through what we are going through.mentaly and physicaly
1 Answer from Attorneys
Re: minor child in charterbus accident
Here's how the matter would likely proceed if a lawsuit were filed in behalf of the injured child:
The court hearing the matter would most likely appoint a guardian ad litem
for the purposes of legally protecting the child's interests during the course of the case. One of the duties of this guardian would be to evaluate
and determine whether it would be appropriate to have the court order that a trust be established for the child in the event that damages were awarded in the personal injury case. Then, if damages were in fact awarded, the guardian would submit her or his recommendation to the court in regard to this issue. However, the final decision on the matter would lie with the judge presiding over the case, basing his or her decision on what would be in the best interests of this particular child, including the amounts of the award that should be placed in the trust for the child's later use.
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