Q: I was involved in a motor vehicle accident (car accident). I was injured and my children were injured. I settled my case with the attorney. But, my children's case still isn't settled. Why not?
A: Settling cases for minors can be tricky. We have to be concerned about their future medical condition, as well as the injury and treatment they received. We also have to make sure that the settlement will pass muster with the court as every settlement with a minor must be court approved. It is possible that your attorney has looked at the offer from the insurance company and realized that the judge will not approve it.
It happens sometimes. The judge looks at it and determines it is not in the best interest of the child to settle the case. Judges need to make sure they are doing what is best for the child.
So, lets say the insurance company is offering $10,000 for each child. The attorney may think this is a bit low, but it may look good to you. The attorney could realize that the judge will not approve the settlement. So, he is going to try to get the insurance company to come up with more money. No one wants to go to court and have the judge reject the settlement and send everyone back to negotiate again.
Once the case is settled, you will not see the money. The attorney will put the money in his trust account. The money will then go into a blocked account or an annuity for the kids. You will only be able to use it with a court order. The kids will have access to it when they are 18.
I would encourage you to talk to your attorney. Make an appointment to go in and sit down and get an explanation. If you are uncomfortable with the explanation, get a second opinion.
Comments