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Settlement of a Minor’s Claim

It is the court’s role to see to it the proposed settlement is in the best interests of the minor child.  There are many factor’s that go into the determination, including weighing the settlement offer against the extent of the injuries and any issues of liability that may place the claim at jeopardy should the matter be forced to proceed any further.

In New York, the attorney for the infant files with the court what is called an application for an infant’s compromise order.  A hearing is scheduled and the judge will review the papers submitted and conduct an interview of

It is the court’s role to see to it the proposed settlement is in the best interests of the minor child.
the infant and/or the parent.  When the judge is satisfied that the settlement is in the best interests of the child he/she will then approve the settlement by issuing the order.  The settlement funds will be held in escrow at a bank of the parent’s choosing in an interest bearing account.  Once the infant reaches majority, he/she can remove he funds.

In New Jersey, the procedure is essentially the same, except the minor files a complaint with the court asking for a “Friendly” hearing.

The system is designed to ensure any settlement of a minor’s claim is in the best interests of the injured child.

Stuart DiMartini is a New York City accident lawyer and personal injury attorney.  He has practiced plaintiff’s personal injury litigation for over 20 years.  His legal career has been devoted to assisting people that that have been injured in accidents due to the fault of another person or entity.
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