Minor’s Compromise Discussion
If a child is struck by a car while walking as a pedestrian and will be turning 18 in two years, is it better to wait for them to file a claim on their own once they reach adulthood? The father is eager to initiate the process now, but I feel it might be wise to hold off until the child turns 18. I’m uncomfortable with the idea of signing something that could have long-term implications for him before he has the chance to make a decision for himself.
I would appreciate any insights from insurance adjusters on this matter. Would it be more advantageous to wait and let him take the lead, or should we proceed with the claim now?
This is an important issue to consider, and it’s great that you’re thinking carefully about the implications. Here are a few points to consider regarding a minor’s compromise:
Legal Capacity: A minor typically cannot file a lawsuit or settle claims on their own until they turn 18. That’s why the father may want to initiate the process now, but it’s crucial to consider the child’s best interests.
Best Interests of the Child: If the settlement is reached before the child turns 18, the court may still need to approve it to ensure it’s in the child’s best interest. This can help safeguard against any potential negative impacts of settling too early.
Future Implications: Your concern about signing something that could affect the child’s future is valid. Settlements can impact any future claims or compensations the child might want to pursue after they reach adulthood. Waiting gives the child a chance to be involved in the decision-making process and to understand the implications fully.
Settlement Amount: Sometimes, settling earlier can lead to a better outcome financially due to quicker access to funds for medical treatment or other needs. However, it might be beneficial to obtain an estimate of potential compensation before deciding.
Consultation with Professionals: It may be helpful to consult with a personal injury attorney who specializes in minors’ cases. They can provide insights specific to your situation and help weigh the pros and cons of settling now versus waiting.
Ultimately, the decision should prioritize the child’s well-being and future. It’s important to gather all necessary information and possibly involve the child in the discussion when appropriate.