What to do about a settlement that was made on a minor’s behalf?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.