Injury Cases that involve Minors Lawyer

Minors under the age of 18 must be represented by a Guardian. We routinely handle these types of cases. Our firm has obtained millions of dollars for our clients under the age of 18 who have been injured. If you your child or a minor you have guardianship over has been injured due to the negligence of another call us at 800-816-1529.

Personal Injury Proceedings Involving Children (children under the age of 18)

• If your child does not have medical insurance, we can immediately refer you to an appropriate doctor near you for medical treatment. (Yes, even if you do not have Medical insurance)
• If your child under the age of 18 has been the victim of a personal injury in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
• If we believe we can help you, and you decide to retain us, we can sign you up electronically through your smart phone, tablet, or computer.
• If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you who will treat you without you having to pay money out of your pocket for medical treatment. (Yes, even if you do not have medical insurance)
• Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.

Under California law, accidents involving minors under the age of 18 are subject to special treatment.

In California, a minor does not have the legal capacity to enter into a contract until they reach the age of majority, which is 18 years old, unless a court of competent jurisdiction legally emancipates the minor or the minor enters basic training with one of the United States Armed Services. (17 is the youngest age accepted by the majority of military branches).

This means that a minor cannot enter into a legally binding contract with an attorney. In addition, in the eyes of the court, they are too young to handle their own legal case.

In California Personal Injury cases involving minors under the age of 18, the minor’s parent or legal guardian, or another person appointed by the court, must represent the minor as the minor’s Guardian Ad Litem.

Since the Guardian Ad Litem is the one who signs the retainer documents for the minor’s case, when our law firm accepts a new case for a minor, we immediately determine who the Guardian Ad Litem will be.

The personal injury case will proceed similarly to any other case, with the exception that the Guardian ad Litem will make all decisions on the minor’s behalf.

Typically, a Minors Compromise is required if a settlement with an insurance company or other entity exceeding $5,000 is reached on behalf of a minor, even before litigation is initiated.

A Minors Compromise is an action filed with the Superior Court to obtain court approval for the settlement of a case involving a minor under 18 years old. The purpose of the court action is to ensure that the settlement is in the minor’s best interest and to protect the minor.

A hearing is scheduled for the Minors Compromise, during which the Court will hear testimony from the Guardian Ad Litem, declarations from Doctors, etc., to determine if the settlement is in the minor’s best interest.

If the Court determines that the settlement is not in the best interest of the minor, the settlement will not be approved.

Typically, the court will order that any monetary settlement made on behalf of a minor be placed in a blocked account with a reputable financial institution, such as a bank or savings and loan, until the minor reaches the age of 18.

Typically, the court also determines the amount of attorney’s fees and doctor’s fees allowed in a given case.

If a settlement on behalf of a minor is reached for less than $5,000, California Probate Code 3611(d) and 3401 permits custodial parents or guardians to manage settlement funds on behalf of the minor, without the need for court approval.

Prior to disbursing settlements of $5,000 or less, the majority of major insurance providers are aware of the law and waive the requirement of a minor’s compromise.

Our law firm has handled a significant number of cases involving minors younger than 18 years old.

Contact Us Now

We are California Minors Attorneys who represent individuals under the age of 18 who have been injured in accidents.

It is crucial that you choose the appropriate law firm to represent your under-18-year-old child.

We have the knowledge, skill, and means to handle these cases.

Our Personal Injury law firm routinely handles minor’s compromise and minors’ personal injury cases, and we are experts in these areas.

Call us at 800-816-1529 x. 1 for a free consultation regarding the case of your minor child.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your minor under the age of 18 injury accident and transmit it to our office.