I often represent injured children in my Phoenix, Arizona personal injury law practice. Typically, one or both parents retain me to represent their child who was injured in a car accident, dog bite or in a premises liability case.
There are some additional legal complications involved in representing children, because typically, court approval of the settlement and appointment of a conservator is necessary for claims in excess of $10,000.00. Arizona Revised Statute § 14-5401 et seq, establishes the process for appointment of a conservator. Usually, the conservator is a parent or other responsible family member. The court reviews the proposed settlement to the minor and determines if it is fair and in the best interest of the child. The court gives approval for the conservator to settle the claim.
The probate court is also concerned with protecting the minor's settlement proceeds until the age of 18 years old. The settlement funds are placed in a court-restricted bank account to be protected or an structured settlement/annuity is purchased on behalf of the minor in order to give guaranteed payments after the child becomes an adult.
If your child is involved in an injury case, you should seek an attorney who is experienced in representing children.
Jay Ciulla is a Phoenix personal injury lawyer who often represents injured children.