The court system takes a special interest in the well-being and rights of litigants under the age of 18, who are known in the law as “infants”. In cases where an infant sustains an injury, the attorney is not permitted to settle the claim without court approval. The process by which that approval is obtained is known as an Infant’s Compromise. There are two main objectives that the court wants to fulfill through that process: (1) verifying that the compensation received is reasonable in light of the facts of the case and (2) specifying where the funds received are to be deposited, normally in a savings account at a local bank. Absent extraordinary circumstances, the funds are normally required by court order to remain in the bank until the infant reaches the age of 18.
Infant Compromise Orders
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).November 3rd, 2017