Understanding Minor’s Compromise in Indiana Personal Injury Settlements

Introduction

When a child is injured due to someone else’s negligence, the resulting personal injury claim involves unique legal considerations. In Indiana, any settlement on behalf of a minor requires court approval through a process known as a “minor’s compromise.” This process ensures that the settlement serves the best interests of the child and complies with Indiana personal injury law.

What Is a Minor’s Compromise?

Under Indiana Code § 29-3-9-7, a minor’s compromise refers to the court-approved settlement of a disputed claim involving a minor. Since minors cannot legally enter into contracts, any settlement agreement on their behalf must be authorized by the court to be valid. This legal safeguard protects children from unfair or inadequate settlements and ensures compensation is appropriately managed.

Indiana Minor’s Compromise Monetary Thresholds

Indiana law sets out specific rules based on the value of the proposed settlement:
– Settlements of **$10,000 or less**: Under Indiana Code § 29-3-3-1, settlements under this amount may be paid directly to the child’s parent or guardian without the need for a formal guardianship. The parent is expected to use the money solely for the benefit of the minor.
– Settlements **exceeding $10,000**: These require the appointment of a legal guardian and court approval. The court will ensure a long-term plan for protecting and managing the child’s compensation until the child turns 18.

The Court Approval Process

To finalize a minor’s personal injury settlement in Indiana, the following steps are generally required:

1. Filing a Petition: A legal petition is filed with the court detailing the injury, proposed settlement amount, and terms.
2. Notification: Parents or legal guardians are notified of the petition and the hearing.
3. Hearing and Review: A judge evaluates whether the settlement is in the minor’s best interest.
4. Order and Guardianship: If approved, the judge issues a court order authorizing the settlement and appointing a guardian if needed.

How to Strategically Structure a Minor’s Settlement

Designing a settlement for a minor often requires strategic planning. Some commonly used options include:

• Structured Settlements: These provide periodic payments designed to support future medical, educational, or living needs.
• Court-Restricted Accounts: Funds are deposited into accounts that cannot be accessed without a court order.
• Special Needs Trusts: These can help preserve a child’s eligibility for government benefits while ensuring funds are available for future care.

Each of these strategies must be tailored to the minor’s specific needs and circumstances. Proper structuring is key to a successful minor’s compromise petition.

Why Work With an Indiana Personal Injury Attorney

Filing a minor’s compromise petition and structuring the settlement correctly requires in-depth knowledge of Indiana probate and personal injury law. At KMB Legal LLC, our team understands the intricacies of minor settlements and can guide families and attorneys through the process with confidence.

If you’re a parent, guardian, or attorney with questions about minor’s compromise in Indiana, we invite you to contact our office for a free consultation. We’ll help you navigate the legal requirements and maximize protection for your child’s future.

Contact KMB Legal LLC

KMB Legal LLC
47 S. Meridian Street, Suite 200
Indianapolis, IN 46204
Phone: (317) 296-5290

We’re here to help Indiana families protect what matters most. Reach out today to discuss your child’s personal injury settlement.