North Carolina Children’s Accident Attorney | Raleigh Injury to Minor Lawyer
March 12, 2013
The second claim belongs to the child and may be brought in court through the appointment of a guardian ad litem. The guardian ad litem is appointed for the purpose of protecting the interests of the child and ensuring that any settlement is fair to the child. The guardian ad litem can be any disinterested third party approved by the court but the guardian is most commonly an attorney or family member.
The damages recoverable for the child include compensation for the minor’s physical pain, emotional trauma, and mental distress. The child may also be entitled to claim compensation for any scarring or disability. If additional, ongoing medical expenses may be incurred after the age of 18, the minor may also recover the expected reasonable cost.
Importantly, unless the matter is settled out of court without a judge’s approval, the court will require that the minor’s settlement or verdict be held in trust. In most cases, this means that the funds, after disbursement for costs and attorneys’ fees, will be deposited into an account with the clerk of court until the child reaches the age of 18. This is not always the case, though. It is sometimes possible to utilize a structured settlement with guaranteed payments. If the minor is receiving Medicaid assistance, the creation of a special needs trust may be advisable.
The law firm of Maginnis Law practices exclusively in the area of civil litigation. We do not represent insurance companies. We represent injured North Carolinians in their claims against corporate defendants and insurance companies. Our firm can assist with your recovery of medical expenses and/or pursuing a claim on behalf of your child. There sometimes may be conflicts in which you and your child may need separate representation and, in those cases, we will help you or your child find a qualified and knowledgeable attorney for the separate claim
Maginnis Law offers free consultations to parents of injured children and we handle all personal injury matters on a contingency fee basis. For representation of children, we regularly reduce our standard fee to 25% (1/4) of any recovery. To discuss your claim or that of your child, you are welcome to call attorney Shawn Howard at 919.480.8526 or, alternatively, you may send an email inquiry using the Maginnis Law contact page. You will speak with a licensed attorney, not a paralegal or case manager, as is often the case at larger personal injury firms.
Maginnis Law accepts personal injury cases throughout North Carolina, including Raleigh, Durham, Chapel Hill, Cary, Apex, Wake Forest, Garner, Sanford, Fayetteville, Greenville, Burlington, and Greensboro.
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