Legal Question in Personal Injury in Washington

contingency contract by parent for a minor and minor rights as an adult

When my so was 9 we were involved in an auto accident. the other driver was at fault and was insured. I settled my claim with ins co directly my ex husband hired an attorney for his and asked that he be allowed to do likewise for my son. My son is now 20 years old and the attorney has finally received an acceptable settlement offer. However the paperwork he has sent my son claims a settlement of $10.000 and includes with it a power of attorney form and a release form which states that the attorney is to receive $4,900.00. The agreement we had was 33 1/3%. He states he will not file this case with the court and that my sons Statute of limitations runs out on 4/19/2004. What can my son do ? Is he bound by the contract We signed? the attorney has been asked for a copy of the contract but has declined to produce it. I feel he is taking advantage of my sons inexperience and placing unfair pressure on him to settle this in this way. What are my sons rights and responsibilities? What can he do?


Asked on 12/10/03, 6:43 pm

1 Answer from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: contingency contract by parent for a minor and minor rights as an adult

Have you agreed to the settlement offer? If not, you don't have to stay with that attorney. You can call the bar association and submit a complaint to them. They could rectify the fee issue. I'd have to review the case further to understand the statute of limitations issue. Your attorney is entitled to costs in addition to his contingency fee (at least he may be under the contract). That might total more than simply 1/3.

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Answered on 12/10/03, 8:26 pm


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