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What is a Minor's Compromise? A Minor's Compromise is when an adult signs on behalf of a child so the child can receive money. The law does not allow the child to sign for him or herself until s/he becomes an adult.
California law allows for lawsuits to be filed against parents or guardians with custody and control of minors for willful misconduct of a minor. For example: if a minor willfully assaults or batters you, and causes you physical harm, you can sue their parents or guardian for medical, dental and hospital costs.
A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim. The petition is filed to allow the Court to oversee the disposition and disbursement of the funds.
What is the legal procedure for compromising a minor's claim? A California court must approve all settlements done on behalf of a child under the age of 18. A parent or guardian ad litem can file an MC-350 form or MC-350EX to petition the court to approve a compromise of a minor's claim. There may be a filing fee.
However, a $30 fee for the court reporter is required to be filed with the Petition for Compromise of Disputed Claim (MC350) pursuant to Government Code 68086(a)(1). The fee is collected in both expedited and non-expedited cases.
The minor settlement and/or guardianship will be superintended by a Florida Circuit Court. If a minor settlement is reached in a case which has already been filed with the Court, then the settlement and/or guardianship will be handled by the Judge before whom the case is pending.
The purpose of a minor's compromise is to protect the interests of the minor. Since approval means that the personal injury settlement is final and not voidable, the court scrutinizes the settlement to make sure it is fair. Factors that courts consider include: The gross settlement amount.
Can A Child Sue on His or Her Own Behalf? Only people 18 years old or older can file a personal injury lawsuit in Florida, which means that minor children cannot bring their own negligence claims. However, Florida law permits a parent or guardian to sue on the child's behalf.
Who Can Access a Child's Settlement Money? If a child's settlement award is less than $10,000, it can be received directly by the child's parents. Settlements are legal property of the minor, and they are often awarded under a set of particular provisions that determine how the money should be spent.