How An Injury At Your Child's School Can Lead To A Structured Settlement

If your child is injured at school, you may have a personal injury case if the injuries were the result of negligence. Regardless of the age of your child, they will be entitled to compensation for their injuries if you can prove that the school breached a duty of care.

How To Hold Your Child's School Accountable

A school is responsible for keeping your child safe. However, you will always want to take legal action against a government entity with the help of a personal injury attorney. Government agencies can be more difficult to sue, and you will be more limited in the compensation you can receive. Also, the type of settlement that a minor might receive can be different.

How Settlements Differ With Minors

After you have won the personal injury case, your child might receive a structured settlement. Rather than receiving all of the money in a lump sum, the recipient receives the money in small quantities on a regular basis.

The money might then be given to a conservator who will manage the assets of your child on their behalf until they turn 18. This is to make sure that the funds are not misused when the recipient is less mature. However, if you believe that it would be better to receive the funds in a lump sum and have control over the funds as a parent, you can have the funds deposited in a bank account in the name of the minor.

When Your Child Recovers a Large Sum of Money

In cases that involve large sums of money, you will need to petition the court and will also need to prove to the court that you are using the funds in a way that is in the best interest of the child. To do this, you may need to consult with an attorney so you know how to present the best possible case. By having control of the funds of your child, you may find it easier to use the funds to pay for medical expenses. 

The courts might wish for the funds to be handled by a conservator, but these services are expensive. If the courts allow you to manage the funds yourself, you will need to file financial reports regularly showing that you are using the funds properly. However, the extra hassle might be worth it, and a lawyer is always there to offer legal counsel.

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