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What is a Minors’ Compromise?
When a child suffers an injury due to someone else’s negligence, the aftermath can be a time of confusion and concern for families. In Nevada, as in many other states, special legal procedures known as “Minors’ Compromises” are put in place to ensure that settlements in personal injury cases involving minors are handled with the child’s best interests in mind. As a leading personal injury law firm in Las Vegas, we’re here to guide you through understanding Minors’ Compromises and how they work under Nevada law.
A Minors’ Compromise is a court-supervised procedure required in Nevada whenever a settlement is reached in a personal injury case involving a minor (a person under 18 years of age). This legal process is designed to protect the minor’s rights and ensure that the settlement is fair and in the child’s best interest. It involves a review by a judge, who must approve any settlement agreement involving a minor claimant.
Why is a Minors’ Compromise Necessary?
Children are not legally able to make binding decisions or enter into contracts, which includes agreeing to settlement terms in personal injury cases. As a result, the state of Nevada requires court approval to ensure that:
1. The settlement amount is reasonable and compensates the minor for the injuries sustained.
2. The funds are secured and managed appropriately for the minor’s benefit.
3. The minor’s legal rights are fully protected throughout the process.
The Process of Obtaining a Minors’ Compromise in Nevada:
1. Petition for Approval: After a settlement is reached, the minor’s legal guardian or attorney must file a petition with the court for approval of the compromise.
2. Court Review: The court will thoroughly review the proposed settlement, including the terms of the settlement, the extent of the injuries, medical expenses, attorney’s fees, and any other relevant factors.
3. Hearing: A hearing may be scheduled where interested parties can present information or argue for or against the settlement.
4. Approval: If the judge is satisfied that the settlement is in the minor’s best interest, they will issue an order approving the compromise.
How Funds are Managed After Approval:
Once a Minors’ Compromise is approved, the settlement funds are placed in a protected account or trust until the minor reaches the age of majority. Depending on the amount and the judge’s discretion, the funds may be:
- Deposited in a blocked bank account
- Used to purchase a structured settlement annuity
- Placed in a special needs trust, if the minor has disabilities
How Miller Personal Injury Attorneys Can Help
At Miller Personal Injury Attorneys, we understand that navigating the aftermath of a personal injury involving a minor can be daunting. We are here to support Las Vegas families every step of the way, ensuring that the legal rights of their children are protected. If your child has been injured and you’re seeking fair compensation, contact us today to learn how we can help guide you through the Minors’ Compromise process and secure the settlement your child deserves.
Are you dealing with a personal injury case involving a minor in Las Vegas? Contact Miller Personal Injury Attorneys at (702) 330-0013 to schedule a free consultation.
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