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Personal Injury
Settlement of Your Child's Injury Claim
Posted by: Nicholas Mayle
August 27, 2010
After you have been involved in a collision, resolving your claim with the insurance company can be very complicated. This is especially true if your child or children were also injured in the collision. Even if you do not file a lawsuit to resolve your family's claims against the insurance company, Colorado law requires that all settlements with children be approved by the court.
The rationale for this rule is that a person is deemed to be of legal age at age eighteen and only then may they enter into a binding contract or settlement. Section 13-22-101, C.R.S. A child under the age of eighteen does not have the ability to enter into a binding contract. Jones v. Dressel, 623 P.2d 370, 373 (Colo. 1981). A child that enters into a contract or settlement may actually disaffirm the contract within a reasonable time after they reach the legal age. Id. Thus, any settlement of a child's claim requires
