Friendly hearings allow children to benefit from a court’s review of their injury settlement. The goal of the hearing is to decide whether the compensation and its structure are in the child’s best interests. Governed by New Jersey Court Rule 4:44, a friendly hearing takes place without a jury and is not an adversarial hearing. The legal process helps provide children and their families with the ideal legal setting to review a settlement without the additional burden or stress of a prolonged court battle.
Why Does a Court Have to Determine What’s In My Child’s Best Interests?
Unfortunately, while you might have your child’s future in mind when you help them with their injury case, other parents have tried to take their child’s settlement themselves and spend the money on items offering no benefit to the child as the victim.
The judge will work with you and your child’s attorney to ensure the settlement is structured effectively to protect them over the long-term, ensuring, for example, that any future medical needs are covered within their settlement.
Why You Require a Dog Bite Lawyer Familiar with the Friendly Hearing Process
There is a clearly defined legal process to follow within friendly hearings. A skilled and experienced dog bite lawyer can help you submit a proposed order to the judge, which includes a breakdown of the following dog bite case elements:
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Settlement amount
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Legal expenses
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Medical fees
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Attorney fees
The judge will review all fee structures and determine whether the evidence backs the service fees. Courts make this determination after the submission of medical documents, including medical affidavits and medical reports from the attending physicians who treated your child’s dog bite injuries.
Your attorney will work with your child’s medical care team to collect, compile, and submit evidence according to the specific guidelines for friendly hearings in New Jersey. The court will also determine whether there are concerns about future settlement payments in relation to the financial stability of the dog owner and their insurance policy. Your dog bite injury attorney will play a crucial role in reviewing and addressing payment concerns and ensuring the settlement structure holds the owner accountable for maintaining payments.
Potential Settlement Structures Resulting from Friendly Hearings
The court will select one of two potential settlement structures after a friendly hearing. These options are:
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The settlement is held in trust until the minor turns 18
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A structured settlement or annuity fund
Settlements Held In Trust
When the courts hold settlements in trust for the dog bite victim, parents or guardians may be required to file for guardianship rights and then apply to the Superior Court of New Jersey probate court to access and withdraw the settlement funds. However, this access is only available with proof the funds are to benefit the child.
Structured Settlements
Structured settlements are a form of financial plan for the victim’s future. The court may decide on an investment plan based on the child’s needs as they grow. Potential benefits of the structure include a high rate of return with no taxes on structured payments.
Another benefit of a payment structure is that it allows the court to work with parents and guardians to disburse funds at specific age milestones. For example, a child might receive a portion of the funds at 18, then 21, and then 25. This staggering of payments provides a steady income stream for the child and prevents them from spending their total sum immediately after their 18th birthday.
Choose a Dog Bite Lawyer with Over 40 Years of Experience in Child Dog Bite Cases
The procedures and regulations governing child dog bite cases in New Jersey are complex, and your family requires a lawyer with proven experience winning large dog bite injury payments for local families.
David J. Cowhey is the New Jersey dog bite lawyer with more six-figure settlements than any other attorney across the state. His record is exceptional, and his focus on child dog bite cases means you’ll be working with a powerful advocate for your child and their long-term future.
Book your free dog bite case review today or call David Cowhey at 1 (609) 513-0627 to discuss your child’s dog bite case and learn more about friendly hearings.
