If a child gets a compensation amount because of an injury, the parents are likely to ask if they can access the amount for their child. Alaska has laws that will protect minors and adequately utilize the money to be received through the settlement. Though parents are most responsible for handling their child’s legal matters, getting access to the funds is not always easy. This article explains the laws that govern settlements about minors in Alaska.
Who Can File a Personal Injury Claim for a Minor in Alaska?
In Alaska, a parent or legal guardian of the minor is usually the one to file a personal injury claim. They cannot commence the claims on their own. The law mandates that someone with legal capacity should stand for the child if injured. But, the courts ensure that the money is utilized in the child’s best interest, sometimes leading to more monitoring and regulation of the funds. You need the guidance of a trusted Alaska personal injury lawyer to learn about your child’s compensation utilization.
Who Can Access a Child’s Settlement Money in Alaska?
Alaska’s personal injury laws also focus on the best interests of minors in settlement cases. Although parents or guardians can file claims, they cannot have free access to the money awarded in the settlement.
For any settlement below $50, the state requires a court to supervise the funds to ensure they are well utilized to cater to the child’s requirements. As stated by Alaska Statutes Section 09.55.590, if the settlement amount exceeds the specific limit, it may have to be deposited in a restricted account. It cannot be withdrawn without the court’s permission. This legal protection ensures that the money is helpful to the child and isn’t misused by others.
Can a Parent File a Lawsuit on Behalf of a Child?
Yes, parents or legal guardians may sue on behalf of a child or as the next of kin. It is mandatory in most cases. Minors cannot file lawsuits on their own; therefore, this responsibility is taken by the guardians of the children to find the best child injury lawyer.
However, after the settlement, the court retains jurisdiction over the administration of the funds to ensure that a parent cannot spend a lot of money without the court’s permission. Leading anchorage Alaska attorneys know these limitations and could help you comply with the state’s laws.
Where Does the Settlement Money Go?
After the settlement, the money is usually put in a particular account, for example, a trust, until the minor becomes an adult in Alaska at 18. The court closely watches this account to ensure the money is saved for the child’s benefit. Most of the time, withdrawals are subjected to court approval if they are to be used to pay for the child’s needs, such as medical or educational needs.
For any legal issues regarding your child’s settlement, seek the services of a competent lawyer today for your child’s benefit.
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