What is a minor settlement hearing?

D.M.R. Law Offices has represented many children who have suffered injuries in car accidents, slip and falls, and other accidents that are not the fault of the child. Depending on the nature of the injury and the size of the settlement, it may be determined that court approval is required.

Why? In Wisconsin any person under 18 is not considered capable of making legal decisions and would not be able to sign a release from the insurance company.

807.10  Settlements in behalf of minors or individuals adjudicated incompetent; judgments.

(1)  A compromise or settlement of an action or proceeding to which a minor or individual adjudicated incompetent is a party may be made by the guardian, if the guardian is represented by an attorney, or the guardian ad litem with the approval of the court in which such action or proceeding is pending.

The minor settlement process requires the filing of a petition with the circuit court appointing a GAL (guardian ad litem). The GAL acts in the best interest of the minor and advises the court his or her opinions on the terms of the settlement. The judge will review medical records and often ask questions of the minor and the minor's parents. If the judge agrees that the terms of the settlement are in the best interest of the minor the judge will move forward and sign an order approving the terms.

After the judge approves the terms of the minor settlement, the GAL will be directed to have the settlement funds be deposited in an interest bearing account. Once 18 years old, the minor will have access to the settlement funds.

Injured? DEMAND MAXIMUM RESULTS Call 414-455-3629 today!