QUESTION
How do I know how much of the settlement would my daughter and I each get?
Asked on Aug 02nd, 2016 on Personal Injury - Washington
More details to this question:
I have received a settlement for myself and my minor daughter in a personal injury case with our local school district. We received a lump sum amount in mediation. It was not stated what percentage she was receiving out of the settlement or what percentage I was to be receiving since we both filed for damages due to pain and suffering. It states, "...[defendants] hereby agree to pay the lump sum of [$x amount] and pay mediation fees...This settlement is subject to court approval through guardian ad litem process in [x County]..." It was assumed the whole amount was going to the minor (my daughter) when in fact we were both supposed to be the recipients of the settlement. I am also confused about paying for a trust fund for her. This will eat up a huge portion of her settlement and I was told I have to file for guardian ad litem. I am her legal parent. There seems to be a few holes here.
1 ANSWER
Thomas Edward Gates
When it comes to a settlement or judgment for a minor, the court appoints a SGAL to review whether the amount of money is reasonable for the injuries occurred. Your demand letter to the defendant will outline the percentage of the settlement to each party. But, since your daughter is the injured party, most, if not all, should go to her. The GAL oversee the financial welfare of your daughter. Yes, you can be this person if you qualify. Because of the amount of money, it must either go into a blocked bank account or a trust. You can be the trustee for the trust. Expect that any withdraw from the trust will require court approval. Your attorney should be explaining to you all of this information.
Answered on Aug 31st, 2016 at 6:34 PM