California Personal Injury Traffic Accident Attorney Sally Morin discusses How Personal Injury Cases for Minors Are Different.

When a minor is involved in a personal injury case, there are three major differences from a normal personal injury case. These differences are:

    1. Tolling of the Statute of limitations.

The first important difference is that the statute of limitations for a minor does not begin to toll until the minor reaches the age of 18. What this means in a personal injury case, where the typical statute of limitations is two years, is that 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.

    1. Requirement of a Guardian ad Litem.

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.

    1. Mandatory Court approval for settlement.

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’s 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.

If you have questions about a personal injury case, please submit your case for review by the experienced personal injury lawyers at Sally Morin Personal Injury Lawyers.

This video and accompanying text 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 and text does not constitute a guarantee, warranty or prediction regarding the outcome of your case.

Accident Client

“Last March, my partner was struck by a vehicle while crossing the street. During this difficult time of healing, we knew that bills were going to pile up and his was going to be a long process. After looking at multiple law firms, we knew that Sally Morin Personal Injury Lawyers was going to be the best place to work with. Lauren and her team were patient, supportive and caring during his difficult time. His schedule was always busy with work and doctor appointments that his main source of communication was through email. Lauren and her team made it to where he didn’t have to worry about anything but just sending over the paper work he got from the hospital, and other bill collectors involving his incident and they worried about the rest.

Because of all their help my partner Aaron, was able to heal with less worries on his shoulders. By end of December, everything was settled and we were pleased with the results. I’d like to give a huge thank you to Lauren & the Sally Morin team. If you’re looking for a law firm for your incident, I’d definitely look at this law firm.”

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KNOW HOW TO PROTECT YOURSELF AFTER AN ACCIDENT

It is essential to know your rights after a traffic accident so you can protect yourself and the value of your claim.
This guide will help you:

  • 1Know what to do when dealing with insurance claims, police reports and lawyers.
  • 2Avoid making mistakes that undermine the value of your claim
  • 3Put yourself in a position to get the best settlement possible