Legal Question in Personal Injury in Ohio

I live in ohio and my two daughters were bitten by the same dog in less than a month. My attorney is negotiating with the insurance company right now. He has informed my the settlement may be ordered into a trust account for my children. Is this standard practice for injury settlements for minors to be placed in a trust or is it done on a case by case basis?


Asked on 12/09/11, 7:19 am

2 Answers from Attorneys

Timothy Hess T. Hess & Associates, LLC

It usually depends on the net amount received by the minor child. Typically, if the amount is greater than ten thousand dollars, the court requires that a trust or sequestered savings account be set up in the minor child's name. If there is to be any money removed from the account, (must be for the child, i.e. school tuition, clothes, car) the parent/guardian must seek permission from the court stating what the money will be used for. The court will then issue an order allowing the withdrawal from the account.

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Answered on 12/09/11, 8:33 am
Ryan Fisher Lowe Eklund Wakefield Co. LPA

I agree with Mr Hess but would add that for smaller amounts the decision is within the discretion of the Probate judge or magistrate. Also, your attorney should be able to get the court to release a small amount (5-10%) to the parent for the loss the parent sustained due to thjje injuries to the child.

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Answered on 12/09/11, 8:40 am


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