In California, a minor is anyone below the age of 18. If a minor is injured in a car, motorcycle accident, or any other type of personal injury accident, he or she will not have access to the settlement money until he or she reaches the age of majority or adult, which is 18 years old.
Many insurance companies need law firms to file minor’s compromise petitions with the court. They will need it to get the approval of the settlement amount from a judge. This process is tedious, lengthy, and time-consuming. Hundreds of pages of documentation, medical records, agreements, negotiations, liens, bills, and more must be provided and documented to the court in an organized fashion.
Usually, when a minor’s claim settles for $4,999.99 an insurance company may forego a minor’s compromise depending on their own internal rules. There is a battle, for example, if the settlement is for any amount over $5,000.00– for example, $5,050.00. A significant settlement of $10,000 or $20,000 or more might warrant filing a minor’s compromise with the court. The following processes can take months and even up to a year:
- Filing a minor’s compromise
- Attending the hearing if the minor and his or her guardian have moved out of state and must appear
- Getting a petition approval