In Mississippi, any person under the age of 21 is considered a minor. However, under Mississippi law settling a personal injury claim of anyone under 18 years old requires special legal consideration. It’s not uncommon for minors to be injured in a car wreck as passengers in their parent’s vehicle. They can suffer the same or similar injuries as the adult driver including: broken bones, back and neck injury, head trauma, or whiplash among many others. Often, there are multiple minor passengers in the vehicle at the time of the auto accident. P&O law firm has represented many minors who have been hurt in a car wreck.
How we handle a minor’s personal injury claim?
The minor definitely should get checked out by a doctor as soon as possible after the car wreck, just as any adult should. Just as an adult may be off work due to being injured in a car wreck, a minor may need to be off from school while they recover. Remember to get a doctor’s note excusing the minor school-age child from classes if necessary. It is important to follow up with your regular family doctor after the initial ER visit. Often physical symptoms don’t show up until a day or more after the car wreck.
Next, you should call our law firm and discuss the facts of the accident with our personal injury attorney. P&O law firm has handled many personal injury claims that involved minors and we have the experience to handle even the most complex cases. We can discuss the extent of the injuries and any long term or permanent injuries or similar issues that must be considered in a minor’s claim.
Often, we can obtain a reasonable settlement without having to go to trial. At P&O law firm, we use our experience and expertise to completely prepare the minors case in a way that will get the most value for our clients. When we are hired to represent parents and their minor children, we work the cases side by side to get the best results for the whole family.
Once we get a settlement agreed to with the insurance company, we are required to seek Chancery Court approval of a minor’s settlement. If the value of the claim is under $25,000 then generally one of the parents will be appointed as the guardian (although it is not required to have a guardian appointed.) If the claim is worth more than $25,000, then the law requires a guardian be appointed. All money awarded to a minor as the result of a personal injury claim must be used for the health and welfare of the minor. Often the Court requires the money to be placed in a restricted bank account, and money can only be taken out with the Court’s approval.
Pepper & Odom Law Firm
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