Legal Question in Personal Injury in Alabama

Settlement for injury to child

My child was injured at someone elses house requiring surgery. The insurance company has made an offer and we have accepted. Will this money have to go into a trust for him when he is older, or will I be able to use some of it to help with expenses. I was out of work with him and planned on putting some back in savings to make up what I lost and investing the rest for him....will I have that option?


Asked on 12/14/06, 5:04 pm

1 Answer from Attorneys

Randal Ford Ford Firm

Re: Settlement for injury to child

Normally a child's proceeds would go into some form of device that prevents the parents from "spending it" as some parents have done in the past. You normally would not be able to "invest" it because the money is not yours to invest, it is the child's. A lot of your question depends on the "set up" of the settlement, etc.

I question as to whether the amount offered to you is reasonable or not. You have provided no medical facts and no settlement amount so there is nothing anyone can suggest regarding your decision to settle. Your child may not be bound by your agreement until a Court approves it.

Please remember that if you had health insurance pay for your child's injuries or owe the Hospital (if a public hospital)OR Medicaid, you may have to REPAY the insurance company and/or hospital FIRST. It is called "Subrogation".

The Insurance Company WILL DEDUCT THE SUBROGATION MONIES BEFORE YOU GET ANY FUNDS FOR YOUR CHILD.

You might want to double check with a personal injury lawyer before you do this.

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Answered on 12/14/06, 9:51 pm


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