If you are reading this, chances are you are a minor under the age of 18 or a parent of a minor. You also probably know by now that under California law, if a minor is injured and receives a settlement from the at-fault party, the minor will not be able to access these funds until after he or she reaches the “age of majority.”
It might sound unfair, but it is California law, and we should respect that. Settlements for minors must be supervised and approved by the appropriate court. “That process is called a minor’s compromise and release hearing,” says our personal injury attorney in California from the Mancini & Associates.
How does this process work? Well, to get things started after a personal injury case has been settled for a specified amount, the court will appoint a guardian ad litem (the person responsible for investigating what solutions would in the best interests of the child).
Unless the child (a minor under the age of 18) has been legally emancipated, the minor and his or her parents have to get the court’s approval to receive the monetary compensation from a personal injury case. Generally, the entire sum of money is:
The minor’s compromise hearing, in which the guardian ad litem will be present to act on behalf of the minor, will be scheduled by the court to approve the settlement funds prior to depositing them into a blocked account or purchasing an annuity.
While some people in California think it is unfair that the court does not allow injured minors to access their settlement funds immediately, the purpose of having these court-supervised settlements is to:
When the minor becomes an adult, the settlement funds on the minor’s blocked account will be immediately unblocked and available for use. A purchased annuity, on the other hand, is provided to the minor over time and is generally used to pay for education and college on an annual basis or lump sum payments after the minor reach the age of majority.
“Usually, these payments are scheduled and approved by the guardian to become available when the now-adult reaches the age of 18, 21, and 25,” explains our experienced personal injury attorney in California.
Not always. There are occasions when no approval by the court is required in order for the minor to access the settlement funds immediately. Our California personal injury lawyer explains that when the settlement is worth less than $5,000, the minor’s compromise and release hearing is usually not necessary.
Also, the guardians and parents may be able to petition the court for early release of the minor’s settlement funds even when he or she has not reached the age of 18. However, in that case, the guardian and/or parents will have to demonstrate evidence that the early release of the settlement funds is justified and is for the best interests of the child.
Are you a minor or a parent of a minor and have more questions about how personal injury settlements for minors are handled by California courts? Schedule a free consultation by contacting Mancini & Associates. Call at 818-783-5757 or fill out this contact form to get a free consultation.