Injury In Idaho

Handling the Funds from Settlements of Children’s Injuries

When a person under the age of 18 is injured in a car crash or from some other trauma in the State of Idaho, the lawsuit to obtain damages for the child must be brought by a parent or guardian of the child.  If money is recovered for the child through a settlement or after a jury trial, special rules apply to the handling of the settlement money.First, in the event of a settlement without a lawsuit or trial, the attorney representing the child and his family must file a petition in the local District Court to seek judicial approval of the settlement.  The judge hearing the petition must be satisfied that the settlement is fair and in the child’s best interests.  For this reason, it is common to provide the judge with copies of the accident report, medical bills and medical records.

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.

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