Summary
In this episode, Zinda Law Group CEO and founder, Jack Zinda talks about common child injury case mistakes and how to avoid them.
Discussed in this Episode:
You Cannot Treat a Child Case like an Adult Case
There are a few key things that make a child case different. Their recovery, damages, who can bring the claim on their behalf, levels of approval and money allocation are all different from an adult case. It can be very easy to make mistakes which can affect your client’s long-term recovery and future.
Creating a Case on Behalf of a Child
In the situation where a parent dies and leaves a child with no support, it’s very important to establish a Guardian Ad Litum to protect the child from other family members who may want to claim their rights as a guardian only due to the financial implications.
Who has the Right to Pursue the Claim?
Just because a person claims to be a parent or guardian does not mean that it’s true. It’s important that you do the initial leg work to prove that the person does have the legal right to bring the claim on behalf of the child. Do not take your client’s word for it when they talk about personal matters including adoption or divorce.
Best Practices for Money Distribution
Unless it’s a very unique case, the court will not allow you to give the money to the parents. Instead, it’s much more common to put the money into a structured settlement, the registry of the court (although the interest rate is much too low for a long-term payout) or into a trust.
You can reach Jack at:
512-246-2224
