Legal Question in Personal Injury in California
Do you HAVE to obtain a Minor's Compromise
Hello, I am a new attorney in CA and agreed to handle a minor personal injury claim for my friend and his son. The son fell and hurt himself in a department store and obtained 4 stiches. There is a very very faint small scar left that will likely disappear over time. The settlement offer is for $4,000 for the son and $800 for the dad's related emotional distress claim. Since this is such a small amount would I be at risk for malpractice if I bypass court approval for the minor's settlement since that would involve court filing fee costs and hassle. The insurance company is under the impression that for a claim under $5000 court approval is not needed, but I think it is required for EVERY claim.
2 Answers from Attorneys
Re: Do you HAVE to obtain a Minor's Compromise
That's true. For less than $5k you can avoid minor's comp
Re: Do you HAVE to obtain a Minor's Compromise
No, it is not required at all unless the ins. co. demands it. The usual cut-off is around $5,000.00. I settled hundreds of kids cases without them. Based on what you've said, the settlement offers seem OK. The kids check will be made out to the dad and dad will sign a parent-guardian release.
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