Minor Involved in an Accident

[ONLYUS231]

What is the name of your state? NY

Two of my sons were in a head on collison in the summer of 05. Both were minors. My one son was hurt pretty bad and spent 2 weeks in the hospital with a year of physical therapy. He also had to have stiches across his nose and from the top of his lip to the bottom of his nose which left scarring. Also he has had extensive work on his teeth just recently had to have his front teeth removed and a partial put in.

The question is the insurance company wants to settle but I am worried that there will be more doctors down the road. How do you know what is a good amount to settle on and when to settle. Is there a time limit on when my son can go to court and settle on this? My son was 15 when he was in the accident and he is going to be 18 next January.What is the name of your state?

 

[ecmst12]

The statute of limitations is 2 years in most states but NY might be longer. Checking...yes it appears that you have 3 years in NY. But since his injuries are so extensive, you are best off hiring a lawyer NOW, before any more time is lost.

 

[ONLYUS231]

Thank you

thank you ecmst12

 

[Zigner]

The statute of limitations is 2 years in most states but NY might be longer. Checking...yes it appears that you have 3 years in NY. But since his injuries are so extensive, you are best off hiring a lawyer NOW, before any more time is lost.

For a minor, SOL doesn't run until the minor turns 18. So, it's 3 years AFTER minor turns 18.

 

[ecmst12]

Ah yes my 7 second google search missed that information

Either way, the sooner OP gets a lawyer, the better.

 

[Zigner]

Ah yes my 7 second google search missed that information

Laugh

Either way, the sooner OP gets a lawyer, the better.

Agreed...

 

[You Are Guilty]

If you plan on settling the case prior to your youngest child turning 18 (next January?), you will have to "go" to court to file a request for a judge to sign an "infant compromise order" before the insurance company will (can) release the funds to you. Their attorney may file the necessary paperwork, but usually it's the injured party's lawyer who does it. (The point of the order is to make sure that the [legal] infant's rights are protected by the settlement. You'd be shocked how many parents take their kids settlement money and spend it like its their own).

If you wait till the youngest is an adult, this is all moot. In fact, you may be able to argue that foregoing the requirement for the infant compromise means that the insurance company should just give YOU the extra dough it would have cost to shepherd this before a judge (several hundred to a grand, usually). Probably won't work but worth a shot

 

[ONLYUS231]

Thank you

Thank you everyone for your advice.
I have contacted a lawyer and my son and I have decided to wait until he is 18. I was also told that he will only recieve 1/2 of the settlement at 18 and the other 1/2 when he truns 21. I thinks this way would be more benificial for my son.

Thank you again