In a case of clear-cut liability by the at-fault party, the judge will expect that the child be fully compensated for his or her injuries. This settlement may include funds set-aside for future medical care or special education.
In cases where liability is contested, the judge may be willing to consider less than full compensation. The reason for this is that, should the case not settle and go to trial, the jury may end up awarding no money if the jurors do not believe that the child was injured due to someone else’s negligence.
Once the court approves the settlement, the funds must be placed in a blocked bank account or some other type of investment account which prevents the child from accessing the funds until the age of 18. The parents may not use the funds for their own personal use.