Legal Question in Personal Injury in California
Minor child not compensated in fathers settlement.
My neice's father was in a horrible accident and was permanently & totally disabled (brain injury) when she was around 9 yrs old. The lawsuit and settlement were handled by his parents. Her mother ( my sister) who was not married to him, filed nothing on the daughters behalf for support or the loss of her father. They were told by his parents that money was set aside for the child when she reached 18 for her college education. She is now 18 and is being told there is no money. This lawsuit is well into the 6 figures, or more, and should have provided something for his only child. Can my neice now sue on her own behalf, since she was omitted from any settlement?? If the grandparents received money for her behalf, how can she find out and be compensated.? How long does she have to file something? Thank you, I will answer any questions I can to get some help for this sweet girl.
4 Answers from Attorneys
Re: Minor child not compensated in fathers settlement.
Theoretically, she might be able to sue within one year of turning 18. BUT, the prior suit and settlement will be a huge hurdle to overcome. She needs to talk to good counsel to investigate the facts and give an opinion. She may be able to sue her relatives that took the money. Again, check the real facts with counsel.
Re: Minor child not compensated in fathers settlement.
YES THERE SHOULD. 1 or 2 years from when she turned 18 depending on several factors. There is possible other time or other considerations that I can not yet evaluate without more information. Do not rely on any limited opinions without getting further detailed information.
Joel Selik
800-894-2889
Re: Minor child not compensated in fathers settlement.
I agree with the previous attorney responses. I would definitly consult with an attorney within 1 year of the child turning 18!!
Re: Minor child not compensated in fathers settlement.
Hi,
Your niece needs a lawyer right away!!! I can help her if she wants. I will need a lot more information to fully assess the situation, but based on what you�ve written, your niece should be able to sue the original defendant(s) for tort damages within two years of turning 18 unless her mother executed the settlement on her behalf (which I am sure did not happen). Moreover, if the grandparents or some other person claimed to have settled the matter on her behalf and/or promised to set aside some of the money for her, you can demand that portion of the settlement money and sue them if they refuse to pay the money owed to her. Since so much time has passed, it is crucial that you call me immediately for a free consultation (415/364-1604). In the meantime, make sure your niece preserves any and all evidence of her claims. Also, tell her not to discuss the case with anyone else and not to sign anything before talking to a lawyer.
Best of luck and I hope to hear from you folks soon.
Russ Martin
(415)364-1604
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