If your child has suffered an injury in an accident caused by the negligence of another, you will need an experienced child injury lawyer to help you with your claim. Matt Troutman of the Troutman Law Office has been a child injury lawyer since 1986 and has prosecuted many child injury claims. He will handle your claim personally from start to finish. For a free case evaluation of your child injury claim, you can call child injury lawyer Matt Troutman directly or click here to provide the details of your claim.
Injury Lawyer Reminds You That Child Injury Claim Has Long Statute of Limitations and You may want to take advantage of this time to make sure you fully understand the child's injuries
As you are probably aware, any claim for personal injury has a time limitation. For instance, in Kentucky, a motor vehicle accident claim has a two-year time limit from the date of the last no-fault payment. However, when the claim involves a minor, the law provides additional time to file a claim. The minor has until one year after the age of majority (18). As your child injury lawyer, I know it is important to present a claim within the allowable statute of limitations, but a minor does not have the same time limits as an adult and that can be helpful in certain situations, such as the following:
Child is too young to communicate the symptoms he or she may be feeling
If your child is under the age of 5 at the time of their injury, it may be impossible for them to communicate the nature of the symptoms they are feeling and they may not even understand what they are feeling is a symptom at all. If there is any doubt that your child is fully recovered, you may want to wait before you settle the claim because once you settle the claim, it is over forever. Even the doctors may not be able to determine if your child is still injured because of the child is unable to communicate or understand all their symptoms. If your child is under a mental or physical disability it may be even wiser to wait longer to resolve the claim.
The full Effect of an Injury may not be known until the Child is a Teenager
If your child suffers a concussion, which is a brain injury, and they seem to be doing fine at home with their activities, you may want to wait to see how they perform in school over a few years before settling their claim because they could have a permanent brain injury that may not be noticeable except when they attempt the higher functions of the brain. You will want to make sure they are fully tested and they are old enough to be fully tested before resolving their claim. Another example of delayed effects of an injury includes a fracture to the growth plate of a bone. If there is a fracture in the growth plate, the bone may heal fine, but the growth of the bone may be disturbed and this may not be visible until years later when you child becomes fully grown. They may have a leg or arm that is not quite as long as the other because of the fracture in the growth plate and this can cause them difficulty throughout their lives.
Child Injury Lawyer Must Obtain Court Approval Of All Minor Settlements
After your child injury lawyer has obtained a settlement from the at fault party, in most cases, that settlement must be approved by your local probate court. This process can delay the resolution of your claim. Additionally, if the settlement exceeds $10,000, a guardian must be appointed and the money must be placed into a blocked account for the child. Once the money is placed in a blocked account, no money can be withdrawn without an order from the probate court. If the settlement is below $10,000, the settlement simply needs to be approved by the probate court and it may or may not be required to be placed in a blocked account. Different Courts throughout the state vary in their requirement of a blocked account for settlements under $10,000.00. The Troutman Law Office, as your child injury attorney, will file the necessary probate papers to have your settlement approved and placed in a blocked account. Your child will be able to obtain this money when they reach 18 years of age.
The reason that the probate court must approve the child settlements is because many parents take the child's money and the Court is there to make sure the child receives a fair settlement and that their money is protected. A parent cannot attempt to use the money to provide what they should already be providing for the child, such as clothing, food and shelter. You can make a motion before the probate court seeking early release of some of the settlement monies if the child has an immediate need, but, in most cases it is better to wait until they are 18. I suggest to my clients to not even tell the child about the settlement and then to give them a bank statement for their 18th birthday and that may be the best birthday gift you can ever give them. Hopefully, you can teach them the value of money before they are 18, so that they do not blow their money on something that does not last.
If your child has been injured due to the negligence of another in or near Louisville, Lexington or any other town in Kentucky, you have legal rights and Mr. Troutman is a child injury lawyer that can help you recover compensation for your losses. Contact Mr. Troutman by calling him directly at 502-648-9507. Call today and win against the insurance companies.