Is there a difference in the types of compensation between minors and adults in sports injury cases?
Yes, there is a difference in the types of compensation between minors and adults in sports injury cases in North Carolina. Generally, minors are not legally considered capable of entering into agreements to accept compensation, such as an injury settlement, on their own behalf. In North Carolina specifically, the state law requires that any settlement or payment to a minor must be approved by a court or the Office of the Clerk of Court prior to the minor or his/her parents receiving the money. However, minors may receive compensation, but due to their status as a minor, the compensation must take a slightly different form. This usually means that instead of taking a lump sum, minors will often receive a structured settlement, which allows them to receive money in smaller installments over a longer period of time. For example, a structured settlement could provide a minor with payments annually over several years, or even over a lifetime. In addition to the structured settlement option, minors may also receive compensation in the form of a trust. This allows a parent or guardian to manage the money on behalf of the minor. This can give the minor more flexibility and oversight over their money than a structured settlement. In North Carolina, the parent or guardian of the minor must petition the court or the Office of the Clerk of Court to approve the establishment of a trust. Overall, the key difference between minors and adults in sports injury cases in North Carolina is the way the compensation is handled and delivered. Minors are not legally allowed to enter into agreements on their own behalf, so any settlement or payment must be approved by the court or the Office of the Clerk of Court and structured in a different form than what an adult might receive.
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