Do we have the right to access our settlement money from an auto accident in which our minor child was injured?
Question Details:
My 8 year old son and I were involved in a head on collision; it was completely other driver's fault. Son suffered a broken leg on the growth plate and I had several smaller injuries. Hired an attorney to file lawsuit but the paralegal is telling us that we most likely will not be able to access the settlement money except to pay medical bills which our medical insurance covered a huge portion of. She said the remaining money will go into an investment for our son when he reaches 18 or 19 or even 21. Is this true?
You have 2 separate claims--one for you and one for your minor son. It is accurate that monies recovered for your son's injuries will have to be placed in a conservatorship where you must ask the Judge to approve any money you wish to take from the settlement. The alternative is a structured settlement that would pay monies directly to your son at future dates.
