To maximize the amount of a personal injury claim regarding an injured child, and to assist a Miami child injury attorney in successfully resolving a case, it is most important to keep a detailed record of every symptom of a child’s injury, even those dismissed as minor. Be your child’s advocate, and above all, keep asking questions until you get answers you understand.
Miami Child Injury Attorney: Qualifying for Compensation
When a child is injured in an accident caused by a negligent third party, they may be eligible to receive compensation for their injuries. If they are under the age of 18, a parent or guardian may file a claim on their behalf. In legal terms this is the ‘litigation friend’, and must be independent from the accident. In other words, they must not have been responsible for the child’s injury, and if so, the other parent or a family member may act on their behalf.
Miami Child Injury Attorney: Settlement Trust Versus Structured Settlement
If the worst happens and a child is injured resulting in the need for long term or even lifetime care, a settlement asset management plan is key to providing quality of life care for the individual. Factors such as the age of the child at the time of injury, their lifespan, the extent of their injuries, age of parents or guardians and even inflation must be considered.In the case of a settlement trust, lump sum settlements are deposited into a fund administered by an appointed trustee on behalf of the child. This trust agreement may end when the child reaches a certain age, at which time they gain sole control of their settlement, or, the agreement may not have an expiry, in which case funds are used as needed to provide lifetime care.A structured settlement is a payment schedule determined by the court or arbitrator, and is paid in equal payments over a number of years. Changes cannot be made to this type of payment arrangement once settled, and if certain requirements are met, the IRS may waive taxes on the balance.Miami child injury attorneys Haliczer Pettis & Schwamm are here to provide professional and compassionate legal assistance to help bring your family peace of mind. Contact us today for a confidential, no-obligation consultation: 954.523-9922 or 407.841.9866