What Is The Probate Court?

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If your child is injured in an accident and you have decided to pursue a personal injury lawsuit on behalf of your child, you do not necessarily have complete control over the resulting settlement.

Any lawsuit that is filed on behalf of a child for their injuries will be done so under the parent or legal guardian’s name. The parent or guardian of a child is naturally presumed to act in the best interest of their child, so any settlement must be agreed to by the parents.

What some parents do not realize is that they do not have complete control over the settlement. The settlement is for the benefit of the child and should be protected until they turn 18-years-old. There are times when parents do get a portion of the settlement for loss of consortium, but this is usually a relatively small amount of money.

The county’s Probate Court protects the child’s settlement so the funds will be available to them at the time that they reach adulthood.

For settlements that are over $10,000, a hearing will be conducted by the Probate Court to ensure that the settlement is in the best interest of the child.

Receiving the Probate Court’s approval of a settlement adds extra time to the process. This is something that cannot be avoided, but an experienced child accident attorney will be able to move the settlement through the system in the most efficient and time-sensitive way possible.

The Child Accident Lawsuit Process

If your child has been injured in an accident, the best thing for you to do as a parent or guardian is to contact a lawyer as soon as possible. You can call our experienced child accident attorneys at 800.637.8170. We are able to answer any of the questions that you have relating to your child’s accident and we will also give a free case evaluation over the phone.

You can order a free copy of our book describing the child accident lawsuit process, Little Kids, Big Accidents from our website or request a copy when you call our office. This will help guide you through the legal process.

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