Personal injury claims by individuals under the age of 18 can be tricky because they require the attorney to be vigilant of special procedural requirements in cases involving minors. To begin with, minors in Florida cannot pursue their own legal claims because they are not of age. Thus, a minor must pursue his or her personal injury claim through a legal guardian or a parent. In certain cases, parents and guardians must seek court approval when it comes to settlement agreements on behalf of their minor children. The Florida law is intended to provide judicial oversight so that minors have some degree of protection when it comes to such legal matters.
Under Florida statute 744.387, a parent or guardian can settle a claim on behalf of his or her minor child without court approval as long as the monetary amount of the settlement does not exceed $15,000. However, if a lawsuit has been filed, court approval is needed. While court approval is not necessary to have a valid settlement agreement, insurance companies often require court approval before making payments for a settlement on behalf of a child.
When the gross amount of the settlement exceeds $15,000, the parent or guardian must seek court approval for the settlement. Specifically, the parent or guardian must file a Petition for Approval of Settlement. The petition contains details of the facts of the case, the issues of liability, the monetary amount of damages, and the settlement amount sought, as well as attorney’s fees and costs. A judge then evaluates the settlement terms to assess whether they are in the best interests of the minor. It is important to note that the parent or guardian is obligated under the law to act in the best interests of the child. Continue reading →