Legal Question in Federal Tort Claims in Maryland

What is the ''minor's recovery in tort'' law and ...

My son was a minor when he was involved in a car accident. I sued and won Nov 2002). I rec'd the recovery check, which was made out to both he and I. He was still a minor. He is now over 18 and is suing me for the settlement money. A local lawyer told me that the money was only to be used for him (the child that was hit). NO ONE TOLD ME THAT AT THE TIME OF SETTLEMENT. The money is gone. The child did get items from the settlement ... (cash, computer, fax machine, copy machine, tv for his dorm room, traveling money from my home to his college). The local lawyer told me that I would lose the case I don't understand this. We were involved in an accident a few years ago and there was money ''awarded this child in that''. The money was used to take care of medical bills and other household bills (groceries, etc.) Why is this different?


Asked on 6/20/04, 3:51 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: What is the ''minor's recovery in tort'' law and ...

I'm assuming you are NOT represented by the local lawyer who gave you the advice to which you refer. If you are, you should take his/her advice, as s/he presumably has all the facts and I don't. From what you say, and assuming there is no specific court order directing what to do with the money, you hold the money in trust for the child. You can pay from it the medical bills, other expenses, and legal fees associated with the injury and the case. You can use it for his education, and for items for his use. But you should have kept it separate from your funds; otherwise, you cannot accurately account for it. You may be able to argue that the things you bought with it were proper, but the problem is that you may not be able to show that they were purchased with that money rather than other funds of yours (with which you owed him a general duty of support as a minor child). It sounds like you were not represented by counsel in the underlying lawsuit, and this kind of issue is another reason people should always have a lawyer in this type of case - particularly where it is not your money.

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Answered on 6/20/04, 8:56 am


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