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Buchanan, Williams & O’Brien can help you get through the complexities of the Missouri statute of limitations for minors. Call us for more information.
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Legal Considerations for Filing a Minor’s Personal Injury Claim
In Missouri, minors cannot file personal injury lawsuits, nor can they enter contracts. Therefore, parents or guardians often play a crucial role in pursuing a minor’s personal injury claim.
Settlements Involving Minors
Since minors cannot agree to settlements, the court will take specific measures to ensure that the settlement is fair for the minor. Missouri law often requires the appointment of a guardian ad litem or another representative to protect the child’s best interests.
Under the “Missouri Statutory Thresholds for Settlements Involving Minors Act” if a guardian ad litem or conservator has not been appointed, and if the minor’s total claim is less than $35,000, a legal custodian can settle the claim on the minor’s behalf.
The Act ensures the settlement agreement and money are handled diligently. The individual acting on behalf of the minor is required to furnish an affidavit affirming that the minor receives complete compensation or, alternatively, attesting that pursuing additional amounts is deemed impractical. Additionally, strict rules exist on how the settlement money is paid, deposited, and accessed.
Understanding and adhering to the guidelines outlined in Missouri’s personal injury statute becomes crucial for those entering into a settlement agreement on behalf of a minor. Consulting with an attorney can provide guidance in ensuring compliance with these various legal provisions.
At Buchanan, Williams & O’Brien, we help navigate such complexities, offering guidance in Missouri’s personal injury statutes to make the process seamless for our clients.
Confused about Personal Injury in St Louis? We are here to answer your questions.
Take the First Step With Buchanan, Williams & O’Brien
A profound understanding of the statute of limitations for minors in Missouri is not just a legal necessity; but an essential element in getting justice for our young ones. This knowledge becomes a compass for guardians navigating the complexities of personal injury claims involving minors.
Legal representation can be vital in personal injury cases, particularly concerning minors. Buchanan, Williams & O’Brien is a trusted ally, offering a seasoned team of personal injury attorneys with a proven track record in handling such delicate cases.
We are here to guide you on the laws regarding minor personal injury claims, making the legal journey smoother for our clients. Contact us today.