How Personal Injury Cases for Minors Are Different

How Personal Injury Cases for Minors Are Different

When a minor is involved in a personal injury case, there are three major differences than a normal personal injury case. These differences are:1. Tolling of the Statute of limitations; 2. Requirement of a Guardian ad Litem; and 3. Mandatory Court approval for settlementbr br The first important difference is that the statute of limitations for a minor does not begin to toll until the minor reaches turns 18. What this means in a personal injury case, where the typical statute of limitations is two years, is the minor has until his or her 20th birthday to either settle the case or file a lawsuit to preserve his or her right to proceed. Another major difference in a minor's case is that the minor must have a guardian ad Litem who serves as the minor's representative throughout the course of litigation. In San Francisco, this is typically the parent, even if that parent was involved in the accident. However, many courts will not allow a parent who was involved in the accident serve as guardian in that case. The third significant difference in a minor's case is that once the case is settled, the minor, through her guardian ad Litem, must obtain the court approval of the settlement. This entails the minor's lawyer going before the court and explaining in detail how the settlement was arrived at. Typically, the court will want to speak with the minor and or her parent to ensure that the settlement is fair. In an adult's case, this is typically something that is merely discussed between attorney and client without court involvement. If you or anyone you know has a personal injury case that involves a minor I encourage you to speak with a qualified personal injury attorney to ensure that matters are handled appropriately.br br If you have any questions about a particular personal injury case, please submit your case for review by San Francisco personal injury lawyer Sally Morin, A San Francisco personal injury attorney with 15 years of experience.br br If you found the information in this video helpful, please add a comment below andor share the video on Facebook, Twitter or Google Plus! Thanks again for tuning in!br br Note that this information may be applicable to any personal injury case including:bicycle accidents, motorcycle accidents, auto accidents or pedestrian accidents, stock.br br This video is not intended to be a source of legal advice for any purpose. Prior results do not guarantee a similar outcome. The information in this video does not constitute a guarantee, warranty or prediction regarding the outcome of your case.


User: sallylea

Views: 9

Uploaded: 2012-10-31

Duration: 02:18

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