Who gets an out of court settlement from a company if a child got hurt but the parents are separated?

UPDATED: Mar 9, 2012

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Who gets an out of court settlement from a company if a child got hurt but the parents are separated?

My son got hurt at a store with my mother a report was filed. Who is entitled to the settlement money if the said child’s mother and I are separated?

Asked on March 9, 2012 under Personal Injury, Louisiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The child is entitled to the money.  Not you nor the child's Mother.  It is for his injuries, correct? What will happen depends on the amount of the settlement, if the settlement is made after a lawsuit has begun or if it is settled "out of court."  Generally the insurance company will want a party to establish themselves as the legal guardian of the child (you and his mother are both the natural guiardians; that is different).  Seek legal help here.  Good luck.

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