Children are injured in all sorts of accidents, and they might have a right to compensation.
Unfortunately, a child under 18 cannot sign a contract, which means they can’t sign a settlement agreement with the defendant who injured them. In South Carolina, we have laws which lay out the process parents or guardians must follow to get a proposed child personal injury settlement approved. Contact West Law Firm Personal Injury Lawyers. A Moncks Corner personal injury attorney can help guide your case through negotiation and settlement, while obtaining court approval, if necessary.
Why is the Court Involved?
Under South Carolina law, a judge might need to sign off on a settlement. There are some sensible reasons for this.
For one, the law doesn’t assume parents will always negotiate to obtain fair compensation. Maybe the parents don’t know what they are doing or how much their child’s injuries are worth. A judge can ensure that a settlement is in your child’s best interests.
Second, settlement proceeds belong to your child, not the parents. Although parents might be reimbursed for medical care, any compensation for pain and suffering belongs to the victim. The courts want to ensure parents are protecting their child’s settlement proceeds.
When is Court Approval Required?
South Carolina Code § 62-5-433 identifies when and how parents can obtain approval for a child’s settlement. Here is a summary.
If the settlement is for more than $25,000, a proceeding is initiated by the filing of a verified petition in the county in which the minor or incapacitated person resides. Then a petition must be filed in court setting all relevant facts, including attorney’s fees and expenses and an explanation for why the court should approve the settlement. A judge will then analyze whether the settlement is proper and in the child’s best interests. If so, the court approves the settlement and authorizes the petitioner to settle the dispute and sign a covenant not to sue.
If the net amount is over $15,000, the court should also appoint a conservator to receive the settlement proceeds. The conservator is responsible for ensuring the proceeds are protected for the benefit of the child.
The verified petition must contain:
- All pertinent facts of the claim
- Any payments made
- Attorney fees
- Expenses if any
- A statement of justification
- Commentary of best interest of the minor for claims over $25,000
- Statement regarding notice requirements (e.g. all parties present or
- waivers/proof of delivery attached)
If the net amount is under $15,000 and a conservator exists, payment goes to the conservator.
Notice must also go to the Probate Court that appointed the conservator. If no conservator exists, payment must be made in accordance with § 62-5-103. Parents can petition the court for approval of a settlement, but appointment of a conservator is not required. That means parents are responsible for receiving settlement proceeds.
If the settlement is for $2,500 or less, parents or guardians do not need the court’s approval. They can settle the case without going to court.
Why You Should Hire an Attorney
Serious injuries will be worth more than $25,000, thus requiring parents to go through the court system for approval and the appointment of a conservator. It’s best to have experienced legal counsel.
Call Our Berkeley County Personal Injury Lawyer Today
Since 1945, West Law Firm Personal Injury Lawyers have negotiated settlements for all sorts of accidents. Contact us to schedule a free consultation.