What are a minor’s rights to monies won in an insurance claim?

UPDATED: Feb 24, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 24, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are a minor’s rights to monies won in an insurance claim?

My son’s girlfriend was thrown out of her home last Thursday. She turns 18 on 3/2/11. Last year her parents sued for an auto accident on her behalf and received a settlement in January of this year. Is she entitled to this money, and what steps should she take now?

Asked on February 24, 2011 under Personal Injury, Florida


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

Answered 12 years ago | Contributor

I am so sorry for her situation.  Yes, she should be entitled to the settlement when she turns 18.   State law varies regarding the payout of settlement to a minor. generally a court has to approve a settlement and sign what is known as a infant's compromise order which directs where the money is to be placed "in trust" for the child.  She has every right to contact the attorney that represented her in the matter and she can go down to the court to review the file to see what happened to the settlement proceeds (i.e., where they were placed).  Once she turns 18 they should be hers unless the law in Florida differs.  Let her take the first steps in locating it and then go from there.  Good luck. 

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption