Comments for The Listed Guardian on a Minor Child's Settlement Check Can Cash It

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Dec 13, 2013
isurance company is asking court to take control of money until child is eighteen
by: north carolina

Reader's question: The insurance company has petitioned the court to hold the minors injury settlement until they are eighteen. I AM the parent and I started this to sue for my child's injuries and well as the pain we as parents have had to deal with. What do we do to stop this? My attorney is dropping the ball and not protecting our interest as well as my child's.

Website Response: Since your child was the actual injured party, any money for 'general damages' (pain and suffering) is owed to him (or her) - the injured child. You may have been the one to hire the attorney to handle your child's claim, but the child is the attorney's true client because the child is the individual with the injury claim. If you were also injured in the same accident, your injury claim is separate from your child's. You may have the right to recover any out-of-pocket expenses related to your child's injury, but the rest of the claim value belongs to the child.

A “court approved settlement” is usually seen in the settlement of minor children’s claims of a few thousand dollars or more. This means that the insurance company and a representative for the child will need to request a hearing before a Judge who will decide whether or not the settlement is appropriate for the child. This court approval is done as much for the insurance company’s protection as for the injured minor’s.

This answer is approved for informational purposes only and is not intended to take the place of competent local legal counsel.

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