Legal Question in Personal Injury in Oklahoma
Accident Settlement for Minor: Are parents entitled to anything?
My son (17), recently recieved an injury settlement (out of court). The check ($100,000 - maximum benefit of insurance coverage) was written to his parents (as legal guardians / friends) of the minor. Three questions. Are the parents entitled to any part of that money? Can the parents spend it on the minor before he turns 18 and if so, what would be acceptable categories of expenditures (his auto insurance, private school, etc.)? Can the parents sue for their own pain and suffering outside of the current settlement?
Our son had a TBI (traumatic brain injury) as the result of an auto accident. He fell out of the back of his cousin's truck. He appears to function OK. He is basically 100 percent physically fit. He is having severe behavioral issues. He has ran away from home, dropped out of school, denounced that there is a god and is using drugs. Prior to the accident; he was a good student, envolved in athletics and church. We would like to use the settlement money to lock him up in a 24/7 academy. That will allow him to finish his high school education and work on his behavior. We would also like to sue for pain and suffering on our own behalf.
Thanks for your time and considerations,
On the edge....
1 Answer from Attorneys
Re: Accident Settlement for Minor: Are parents entitled to anything?
There is something very strange about the scenario you describe. Generally an insurance company would have insisted on settling the claim through a "friendly suit" which means that the settlement is approved in open court by the judge and you would have been told what the settlement was to be used to pay, when and how you could spend the money. A "friendly suit" protects the insurance company from having to pay again when,(if) your son becomes an adult and rejects the settlement. He has one year after he becomes 18 to reject the settlement and sue for damages if the settlement was not "friendly suited." A much larger issue also is the question of whether you left money on the table or could have collected on your own uninsured/underinsured motorist coverage. As to the question of whether you can sue for your own damages as the parents, the answer would normally be "yes". However, one would need to review the settlement agreement to see what was settled as between you, as parents and the insurance company. You need to obtain an appointment with an attorney to review the facts and written documents in order to fully advise you.
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