Potential Liability Issues for Three Children Injured in Oklahoma Bus Accident
Any motor vehicle crash can lead to significant losses for victims, which is why
However, liability issues are unique as they apply to children who are hurt in school bus accidents. One of the first considerations is who has standing to bring a claim, since a person under 18 years old does not enjoy the same legal capacity as an adult. For this reason, the law allows the parent or guardian to act on behalf of the minor when seeking monetary damages.
"The parent or guardian basically steps into the shoes of the child to file a claim with the responsible motorist's insurance company. That individual – through his or her attorney – can deal with the insurance adjuster and work to negotiate a settlement. But it's not possible to fully resolve the matter without court approval, which occurs through a legal proceeding known as a 'friendly' suit. The term comes from the fact that the lawsuit doesn't involve a dispute; everyone agrees. You're just asking the judge to agree to execution of the settlement agreement."
In
The parties file necessary documents to initiate the proceeding;
The court will issue a hearing;
All interested parties, along with their respective lawyers, will appear and testify; and,
The judge will review the testimony regarding the details of the settlement agreement.
At the conclusion of the hearing, the judge will enter an order approving the settlement agreement on behalf of the child. There will also be instructions to parents that the funds must be deposited in a bank account, and not touched until the child turns 18 years old.
For more information on this press release visit: http://www.releasewire.com/press-releases/potential-liability-issues-for-three-children-injured-in-oklahoma-bus-accident-1271330.htm
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