QUESTION

Is it legal for law office to give other parent settlement check?

Asked on Nov 24th, 2012 on Personal Injury - Oregon
More details to this question:
My son was recently involved in a car accident with his father. He won a settlement portion for his involvement the law office had me sign paperwork releasing my son to receive his check I’m guessing they told me they would call me when the check arrived. I have not received any call and come to find out they gave my sons father the whole check. My son now has not received nothing due to his father spending it all. What can I do to fix this issue?
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6 ANSWERS

Ronald A. Steinberg
Sue the father and the law firm. Most courts require that money being held for the benefit of a kid has to be monitored through the Probate Court. Typically, I and most of the lawyers I know try to put kids' money into structured settlements, so that NO ONE can get the money before the kid turns 18, and then we try to program the money so that the kid gets money in lumps, so as to not waste it all. If the dad was given the money, then he HAD to protect the child. If he did not do that, then get a lawyer and sue the crap out of him. I would also sue the law firm, because I think that they were completely wrong to release the money like that.
Answered on Nov 29th, 2012 at 7:04 AM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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How old is your son? If your son is a minor, that money should have gone into a bank account not to be turned over to him until he is 18 or for some very certain circumstances (i.e. medical care) earlier. If you would like to discuss this matter, please feel free to contact me and we can go over details of what happened. I would need some more information about the matter, i.e. if a lawsuit was filed or if the case was settled before litigation.
Answered on Nov 29th, 2012 at 4:29 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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If your son was a minor then the attorney should have gotten court approval and the money should have gone into a blocked account. If your son was not a minor than he can pursue the attorney and/or his father for spending his settlement proceeds.
Answered on Nov 27th, 2012 at 10:40 AM

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Your son can sue his father for the money, and possibly the law firm. It also may be a theft by the father, which, depending on the amount of money, may interest your local district attorney.
Answered on Nov 27th, 2012 at 10:40 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I suspect nothing. Historically men have thought they were entitled to the earnings of. Their families. You can sue your husband but I don't know how far you will get. Have you thought about talking to the lawyer involved in all this?
Answered on Nov 27th, 2012 at 10:39 AM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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If you son is a minor he can sue his father, the at fault driver, and maybe the attorney.
Answered on Nov 27th, 2012 at 8:50 AM

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