ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
by Steven Pradell
Some parents may not be aware that they can act on behalf of their children to sue others for a child's injuries. If a child is injured in an automobile accident or hurt in some other manner, that child may have a legal claim against the person who caused the injury. If a child dies as a result of an injury, a claim on behalf of the child's estate may be brought. Children who have legal claims against others are treated differently than adults. Parents or legal guardians may act on behalf of children in attempting to settle a case. They may be able to execute a release or an agreement resolving their children's claims. However, prior to allowing a parent to effectively resolve the claims of children, a court must grant its approval.
A petition for the court to approve of a settlement of a child's claim must be filed in Probate court. The petition must set forth many details, including the amount of any insurance which may apply, a statement of how the child was injured, and an explanation of why the settlement is fair and reasonable. The court can approve of an award of attorney's fees and costs to be paid from the settlement to an attorney who represents the child's interests. A hearing must be held if the settlement amounts to over $25,000.00 after the attorney's fees are paid.
A court can order that medical and other expenses be paid directly from the settlement money. The court will then make an order regarding the rest of the funds. The court may order that a parent hold settlement funds for the benefit of the child if these funds are less than $10,000.00. The court can also place the funds into a trust or a bank account which can not be accessed without court approval. Alternatively, the court can appoint a conservator to hold the funds. The court may allow the funds to be used for the support, education, or other uses to provide for the child's needs.
If you are a parent of a child who has been injured or killed, it may be important to discuss your concerns with lawyer prior to filing any action. A consultation should occur as soon as possible, as there is a time limit, called the statute of limitations, which applies to all claims. After the time limit has expired, a claim may not be brought. Attorneys can identify this time limit in your child's case, and explain the steps which may be taken on behalf of the child to resolve the child's potential claim.
Steven Pradell is an Anchorage Attorney with a practice emphasizing the rights of children, including personal injury, divorce, custody, child support and adoption.
© 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. It is probably wise to consult with an attorney prior to initiating a legal claim, so that you can have all of your questions answered.
The law office of Pradell and Associates provides free legal consultations to injured Alaskans. Attorneys can evaluate your case, recommend treatment, and help you settle your claim. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).