Child Injury Lawyers in Los Angeles
Getting injured is part of every childhood! Skinned knees and falls are common, innocent injuries. They frequently occur on playgrounds or swimming pools but may not be enough to file a personal injury claim without negligence.
If your child(ren) got severely hurt in an accident, they would need a legal guardian to take action on their behalf. The money received supports the child, primarily if the incident resulted in a long-term injury or health condition.
An attorney for child injuries in Los Angeles would recommend hiring legal counsel to reclaim full financial restitution from the defendant.
What Are Structured Settlements?
Structured settlements are financial arrangements made after the plaintiff and defendant reach an agreement in court. It goes directly to the minor in wrongful death and personal injury cases. That way, the child grows up receiving regular, tax-free payments to contribute toward their future.
Structured Settlements Get Offered Under Certain Circumstances
Minors are entitled to receive a structured settlement for multiple reasons. In most cases, it is due to the loss of a parent, ergo loss of financial security owed to them. Legal circumstances that would lead to structured settlements are:
- Personal Injury: Did an adult or caretaker breach their duty of care? If it caused your child to get hurt, a personal injury attorney in Los Angeles would ensure the settlement reflects medical expenses, emotional pain, and other losses.
- Birth Injury: If the doctor’s negligence was the cause of your child’s birth injury, your child might be eligible for compensation.
- Medical Malpractice: Any mistake a medical or health professional makes that operates outside their standard of care. Their negligence could impact your child’s health. With guidance from a LA injury lawyer, the court would award a settlement to resolve the legal concerns.
- Wrongful Death: If a child lost a parent, any wrongful death lawsuit would end in a structured settlement if won.
Benefits of Structured Settlements
Instead of receiving a lump sum payment, like regular settlements, children can begin collecting payment when they turn 18-years-old in California. It helps parents manage a large amount of money and guarantee it gets held for a child to use in the future for necessities like food, shelter, clothing, and medical costs. According to a lawyer for child development injuries, additional benefits include:
- Settlements are untaxed income.
- Interest increases the account value of the year.
- Structured settlements get regulated through your insurance.
Special Needs Trusts
There are alternative payment options available to your child. Trusts and guardianship accounts may prove beneficial for minors with a disability, which would require a special needs trust. It is acknowledged in court if the impairment impacts their ability to work or drastically changes their quality of life after turning 18.
How Are Structured Settlements Established?
Establishing a structured settlement is the most critical part of the process, which is why it is best to retain a child injury lawyer in Los Angeles instead of acting alone. Unlike adult claims, there are layers of complexities involved. A child’s entire financial future is in your hands.
For a better understanding of the process, we break down how it gets created:
- Once the defendant offers a settlement, both parties must agree to the terms.
- A payment schedule will get established in court.
- An allocation of the funds will get determined (ex. trust, blocked account, etc.)
- The minor, parent, and attorney for personal injuries will stand before the judge.
- Once approved, the judge brings in a court-appointed guardian to verify everything is in the child’s best interest.
Hire A Personal Injury Lawyer!
If your child gets hurt, always seek legal advice for the best chance at compensation! In these cases, each legal action and financial suggestion will impact you and your child’s future.
About The Law Offices of Oscar H Gutierrez
Our law firm specializes in helping those injured due to an accident or someone else’s negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language.
When you meet with one of our English-speaking and Spanish-speaking personal injury attorneys at The Law Offices of Oscar H Gutierrez, you can tell them how your accident occurred and who might be responsible. We can help you win the maximum settlement.
Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.