What to do about a settlement that was made on a minor’s behalf?

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What to do about a settlement that was made on a minor’s behalf?

My daughter had IV infiltration when she was only 3 days old in intense care unit. I hired a lawyer and he negotiated with the insurance company of a hospital and got over $50,000 as a settlement. I was told to open a structured settlement account for my daughter, then all of sudden secretary from the law office called me saying that I didn’t need a structured settlement account any more. The insurance company sent the full amount of the settlement in a check without even getting a judge’s approval. The secretary told me that I can do whatever I want and even put the money in my personal account. Is this even legal to do that? Is the settlement legally binding or I can use this settlement?

Asked on August 14, 2013 under Malpractice Law, California

Answers:

Theodore Spaulding / Spaulding Injury Law

Answered 8 years ago | Contributor

You need to speak to a lawyer in your state about this.  Likely there is a statute in your state that says any settlement for a minor over a certain amount must be approved by a judge.  In Georgia it is any settlement over $15,000.00.  


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