When the victim in a personal injury case is a child, New York’s legal system handles the situation with a greater degree of care and oversight. Laws like the “infant’s compromise” help prioritize a child injury victim’s well-being in how their case is settled and resolved.
What Is an ‘Infant’s Compromise’ and How Can It Affect My Child’s Case?
In the context of New York law, an “infant” is anyone under 18. Under CPLR § 1207, any personal injury settlement involving a minor victim must be approved by a judge before going into effect.
This review, known as an “infant’s compromise,” allows the judge to review the terms of the proposed settlement, statements from the victim’s personal representative and attorney, and medical reports. Requiring an infant’s compromise adds a step of due diligence to ensure the settlement is fair and structured in the victim’s best interests, rather than unfairly benefiting others.
Will the Judge Consider My Child’s Opinions?
If your child is 14 or older, the judge may ask them to submit a sworn statement consenting to the proposed settlement, giving them a direct voice in the resolution of their case. However, any minor is a vulnerable person before the law, and the judge may go against your child’s wishes if they determine a certain course of action is best for the victim in the long term.
What Should I Expect From an Infant’s Compromise Hearing?
Your child, their representative and their attorney generally must attend the hearing unless the judge excuses attendance for good cause. If you’re serving as your child’s representative, you’ll need to submit a statement supporting the proposed settlement. Your attorney can explain the court’s appearance and paperwork requirements.
At the hearing, the judge may ask about your child’s injuries, current condition and proposed settlement. The court also reviews attorney fees and how the money will be protected and distributed. Your attorney can help you prepare so you understand the proposal and can answer questions clearly and honestly.
Will I Still Be Involved in Making Decisions for My Child?
In most circumstances, you will remain actively involved in your child’s case. If your child does not have a guardian of their property, a parent with legal custody can generally act as their representative without a separate court appointment, unless the court appoints a guardian ad litem.
A court may appoint a guardian ad litem when no qualified representative is available, a conflict of interest arises, or another circumstance makes an appointment necessary. This person helps safeguard your child’s interests during the case, including the settlement process.
How Can My Child Access Their Settlement Funds?
When a minor receives a personal injury settlement, the funds are often placed in an annuity, which is an account that provides structured payments over time. The settlement funds are typically invested within the annuity and will continue to compound and grow over time.
The recipient is usually granted full control over their annuity after a certain period, typically when they turn 18. However, your family may be able to request a later date, such as when your child turns 21, to preserve the bulk of the funds for a longer period. You and your child may be able to access annuity funds early to help with medical bills and other key expenses, if the court gives you permission.
How Will Richmond Vona Help My Child After an Injury Accident?
At Richmond Vona, we’ll treat your kids like our own. Co-founders John Richmond and Keith Vona are both parents, as are many other team members, and we handle every child injury case with the urgency and care we’d want for our families.
We aren’t your typical law firm. We assign a dedicated team of two to three people to each case, allowing us to stay in close contact with families and move their claims forward quickly. We’ve recovered over $250 million for people like you through diligent work, strategic aggressiveness, and a commitment to honest communication.
Case Story: How We Helped a Dog Bite Victim Secure a Bright Future
In one case, we secured a $450,000 settlement for a three-year-old child who was seriously injured and disfigured in a dog attack. John Richmond, determined to get justice for the boy, relentlessly pursued the case and rejected several insultingly low offers from the insurance company before reaching a fair deal.
The settlement funds were placed into an annuity, which is expected to be worth $1.7 million when the victim reaches adulthood.
For Guidance on Your Child’s Case, Contact Us Today
If you have questions about the infant’s compromise or other aspects of your child’s personal injury settlement, we’re ready to help. Reach out online or call 716-500-5678 today to schedule a free consultation.
