QUESTION
If I am a minor entitled to a settlement, can I collect as a minor?
Asked on Jan 11th, 2014 on Personal Injury - California
11 ANSWERS
Ronald A. Steinberg
Not without the consent of the judge who approved the settlement. Adults have to protect kids from doing stupid things like piddling away money.
Answered on Jan 16th, 2014 at 7:39 PM
That depends on how the settlement was made. If any substantial amount of money is involved the insurance company normally insists on a minor's compromise where the money is held in trust until you reach the age of 18. If there was no minor's compromise then the money should have gone to you upon the settlement.
Answered on Jan 15th, 2014 at 6:02 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes You can. However , the money if it generally exceeds $5,000.00 shall be deposited in a blocked account until you turn 18 and can be accessed by you after you reach.
Answered on Jan 15th, 2014 at 6:01 AM
1 Award
You will need to have a guardian ad litem to recommend the settlement to the judge.
Answered on Jan 15th, 2014 at 6:01 AM
Wrongful Death Attorney serving Honolulu, HI
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Law Offices of David W. Barlow
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Unless the settlement is a small amount, the judge will usually order that the funds be held in trust (in a bank savings trust account) until you turn 18.
Answered on Jan 13th, 2014 at 10:57 PM
James Eugene Hasser
Not in Alabama without the permission of the Court. Good luck.
Answered on Jan 13th, 2014 at 10:56 PM
Thomas Edward Gates
No, your award is placed into Trust until you turn 18 years old.
Answered on Jan 13th, 2014 at 10:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can collect with the help of an adult as guardian but the money goes into trust. You can't spend it until you are 18.
Answered on Jan 13th, 2014 at 10:55 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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As a minor a Guardian Ad Litem should be appointed by the Court for contract purposes because a minor cannot enter into a contract. If there are over 25K in funds recovered, then a Conservator needs to be appointed to handle the funds until the minor reaches 18 years of age. The Court must approve the settlement and the distribution of funds. If the case resolves for less than 25K, Oregon has specific procedures that avoid the expense of opening a Conservatorship.
Answered on Jan 13th, 2014 at 10:54 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Not directly. A Guardian Ad Litem ("GAL", an attorney representing the best interest of a minor or minors) is appointed by the court in cases involving financial payments to minor(s). Usually the GAL sets up a payment plan for the minor that often is a specific yearly or monthly amount.
Answered on Jan 13th, 2014 at 10:53 PM
Edwin K. Niles
If its over $5,000, the settlement proceeds would normally be placed in a blocked account, to be released at age 18. Under $5,000, most insurance companies will release the funds to mom or dad.
Answered on Jan 13th, 2014 at 10:52 PM