What is a “minor’s compromise”?
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What is a “minor’s compromise”?
We are being asked to sign a release in order to proceed with a minor’s compromise. Our 16 year old son was a passenger in an auto accident 9 months ago. He suffered a broken back and a shattered right arm. Both required a 6 hour surgery. Since there was no collision, the driver (also a minor) was found liable. His parents carry $50/100 liability with AAA. Our son has been offered a settlement of $50k, all of which will be going to the hospital. Since the trauma center he was taken to has no contract with our medical insurer (we filed 2 grievances, but were denied) they are sticking us with over $99k. The 50k will pay a portion of thisbut we don’t want to be stuck with the rest. Should we speak with a personal injury attorney? In Rancho Cucamonga,CA.
Asked on July 8, 2011 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A minor's compromise means that since your son is a minor, you have the authority to settle the case on his behalf. A minor's compromise has to be approved by the court. If you sign the release, you are agreeing to the settlement.
Since the settlement offer is inadequate, it would be advisable to reject it and sue the parents of the driver of the vehicle in which your son was a passenger.
It would be advisable to speak with a personal injury attorney.
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