Minor Settlement for my son 12 years old

[mgbigsandco1]

What is the name of your state (only U.S. law)? Missouri, St Louis

First thanks for any answers or help you can give. I understand and value that law is often Black n White and that is what makes our system work. But if there are any grey areas please let me know as well as the chances IE 10% chance of working.... Ok here it is... My son was hit in the face witha Bat at baseball practice. He was standing behind batter without propper gear without going into great detail as the point is mute The insurance co is wanting to settle. He had to have emergency plastic surgery he was put under to do this so we had overnight hospital stay. The surgeons did wonderful work he does have a bit of a scar as it split his lip from bottom to the nose. it also chipped several teeth and knocked one out. due to his age the dental specialist advised not doing root canals etc yet and to cap teeth (permenent teeth) and cosmetically make him look good until his face is formed maturely at around age of 16 17 they want to then do root canal and make permenent teeth replacements untill then we are putting caps on his teeth on a reg basis as he is active and the amount of tooth they are forming is so large it doesnt hold well hence the root canal and perment replacing later. This being said we are loosing pay to take him to dentist from time to time, the time and loss of work at tiem of injury, out of pocket expenses not paid by our insurance all medical paid out by our insurance that the league insurance should have paid and taking in account god forbid in the future we dont have insurance either through lack of a job or not being able to afford premiums in the future, as well as future time off and the overall mental or punitive damage to us as parents to feel helpless as our child lay there with his face split open. In missouri i understand anything over 10k has to be court approved etc and set in a structured settlement of some sort or set aside for our son...I do not have a problem with this to an extent. My question is How much of this settlement our we able to have? I want my son to be compensated for the pain, damage etc of this but also in these times of economical trouble and me being in the auto industry and loosing my job 9 mo ago we as a family are in need of a cash infusion. even if we had the money we are out by paying what insurance didnt cover we would still be struggling a bit. obviously not as bad but still some. just throwing a ballpark figure out say the settlement is 50K is there a way to structure or set aside 30K for Gavin for his future and to give him some at age 18, 21, and final amount at age 30 and for us as the parents be able to have immediate access to the 20K obviously to help out with shortcomings now as well as to have extra money for our out of pocket expenses in the future weather it be for the deductable amount of future dental of worse case the whole dental bill in future? Would it be wise to flat out ask for it as outlined above or is there a diff way to word the way to ask for the amount? Also with all the financial colapses and insurance company problems I would rather have the lattitude to watch over the money myself through a broker and buy Tbonds, stocks, CD's Gold ETC, and be able to reinvest the Interest monies myself. is this a possibility?
I know I have put alot in this and we will be very grateful of any answers that one would take their time to put out there for us and others in our situation. I put 50K out there I feel as if the amount is going to be around 100k and we would as parents would be wanting to be able to put ot good use helping raise our family (family of 7 BTW 5 children mom and dad) Now! the sum of 30K and setting back 70K for Our sons future. I dont feel as if we are asking for alot and feel that what we are asking for is taking the best interest of our son and our family at the same time both for the immediate and for his future. Thank you for your time.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[IsabellaSoriano]

please understand that i am not saying this to be rude, but it would really help us help you, if you spaced out your paragraph's so it would be easier to evaluate and read.

thank you!!

[ecmst12]

Don't push too hard. They have some arguments against liability that makes a win in an actual lawsuit far from a sure thing. I'm sure you signed waivers when you signed him up for sports, and he was in the batting area without proper gear. You should talk to a lawyer before agreeing to anything.

[mgbigsandco1]

They never had waiver to sign, plus they feel as if and it is neglect. Having him behind and to the left of a right hand batter without gear isn't part of the game and or practice it is neglect right?

Actually if it had happened in a legit manner in a game or with proper equipment etc I would have never said I would bring suit. I am a sports fan and played at a minor league level so that was not my intentions. But putting a child to the left of a righty or right of a lefty and behind batter without any gear is complete neglect and people are liable for those actions.

When the coach was interviewed and asked about the situation and if he would or has done anything diff as a result he stated yes he now keeps the child to opposite side of batter and has them where head gear.

The insurance co is wanting to settle as appose to going any further and this is why I asked about our rights to recoup and look out for our family now and for med expenses in future as well as our sons future.

I have all claims both paid and unpaid, as well as estimates from dental specialist as to approx cost of a procedure both with and without problems arising from it.

This brings me back to what can i ask for and what do we have a right to now and our options to assure our son has a nice amount at the stated ages of 18,21 and 30 would like to set up 10% at 18 20% at 21 and the remaining 70% at 30 when he is old enough and had all the juvenile and young adult fun out of the way and can put it to good use

So what our our options for us to use in the immediate future after settlement is distributed. Thank you for your help.

PS sorry about the paragraphs lol

[Doxiemom]

Personally:
I would never give large amounts of money to young people and I consider anything under 30 young.

I would suggest the the amount that is set aside for your son be put into a trust, that can only be used for higher education expenses. After that, if he graduated from college he would receive 50 % at 25 and the remainder at 30. If he did not go to college or further training after high school. He would receive the total amount at 30.

[mgbigsandco1]

I understand that, and that is why I said 10% 20% and 70% at the appropriate ages.....what I want to know about is our rights as parents to put to use some money now with him getting the bulk of it later...obviously we can get out of pocket money now. but as stated in original post we could use some infusion now as a family and not only for his betterment but the family as a whole. Also the future med expenses we will incure in about 3 years!

As for anything under 30 as young i too agree, but I also realize wether at 23, 33 or 53 if one gets a lump sum for first time they are more apt to be broke. look at lotto winners of any age. if he gets a lil taste at 18 then a bigger one at 21 well if he blows it and has to be busted till 30 he will cherish and use the bulk 70% when he is 30 for good use...i would hope he has graduated college and the money is a drop in the hat at that point but if not then one needs to plan both ways....

again the reason for the post is about what we as parents have a right too...and dont take it as trying to make good on his illfortune. if one reads the entire post they will see that is the furthest from our minds but looking at how the law is set up and reads i would like an idea of what to expect and how to word things in order to get about 30% of total amount now for us to use to help a rough spot in our life. part in due to the injury and our out of pocket and part as too me being laid off for 9 mo now.

[>Charlotte<]

Originally Posted by mgbigsandco1

dont take it as trying to make good on his illfortune. if one reads the entire post they will see that is the furthest from our minds

If you don't mind a little honesty: no, I don't see that as being "furthest from your minds" at all. I see it as being very much on your minds, to the extent that you mentioned it at least eight times. I don't mean to be provocative, but you should see this from an outside perspective.

Your son has medical needs because of what happened to him? Fine. Your son will have future medical needs because of what happened to him? Fine. You want to get a piece of the settlement because you've been out of work for nine months? That is, precisely, "trying to make good on his ill fortune".

You said the insurance company is willing to settle. Have they proposed an actual amount? How did you come up with the $100k figure? Have you been given an expert opinion as to what the future medical expenses will be, or are you just guessing?

I really strongly suggest you get a lawyer and not try to handle this yourself.

[ecmst12]

Actually it's the child that needs a lawyer to represent his interests. Possibly to protect him from mom. Mom should NOT have access to the settlement money at all, nor control of it.

[Adalaide78]

If you've been out of work for 9 months how is it that you are loosing pay to take your son to the dentist? I don't dispute at all that you should talk to a lawyer and be sure that all his medical needs will be taken care of but frankly it sounds like you are looking for an easy ride in a bad economy.

[mgbigsandco1]

hmmm how to address a bunch of angry people reading tons of things into my question.....first this happened over a year ago. This is how I missed pay with other parent still working if I have other engagements then there is more missed pay.

to the more hostile of how that we are exploiting for pay.....you dont know us you know what I asked and to say i mentioned it 8 times would be a exerpt of what is happening I have been answered or given advise on everything except the question I asked so each time i have replied to the comment i re asked the question so counting that maybe it has occured 8 times but because the question was not answered 6 times.....and dont take my text and start counting cause i didnt and am going on what i have scanned.

finally, I think wanting our son to get 70 to 75% of total payout is far from looking to pad our checking. let me tell you I had a sister and 2 neices get 500K from a malpractice that resulted in death of my nephew I watched as his father squandered most of it. it was 500K after all fees and to be split 4 ways him her and 2 neices by the time they stopped the looser my sister got 50 and my neices got 70 each i then watched my sister becine broke and one neice broke within 6 mo sister took about 3 mo and neice took about 5 and half months to blow it all...I became administrator of what was left and have filled taxes and did all paper work and put interest to work and have my youngest neice who turns 18 next year sitting well north of 100k. That obviously was done at a diff time with diff tort laws....this is why I am asking now. before being out of a job I made 6 figures my wife does well but as stated we have a family of 7 we do not and have never taken public help in any way shape or form and to group me or us in with people as mentioned above is an insult. Our or more so My wanting to get 25 to 30% of the settlement is strictly to help our family function at the standard we are use to!

I would like to do for my son as I have for my neice and in doing so if I can have him well north of 100 by 18 I think that is a good outcome...its not like he is disfigured, maimed, or anything he has a scar from tip of lip to nose. will he be able to grow a mustache...i do not know....will he have his root canal and crowns prob free prob so but i do not know...are we out of pocket close to the 25 to 30% i would like to get....none of you know but most are jumping to the idea that we are not!! we are about half way there...pending future medical our out of pocket could well exceed the 25 to 30%!!! so again i have one question that is the answer i am looking for not a group of people to prejudge my and or our motives as you do not know and SHAME on each one of you for putting your own thoughts in place of facts....a simple asking of a few questions of me would have led you down the right path as to just jumping to conclusions and assuming you all should know what norm happens when one assumes!! u make an ass out of U and sometimes ME.....

BTW we do have council. again most ASSUME ignorance because I am looking for info...what would be ignorant would be to blindly believe what one lawyer tells you and not research and ask questions elsewhere to form a knowledgeble conclusion and have an educated stance when the signing of the agreement comes...

again what I want to know is what is the guardians rights to settlement. or would it be best for me to file suit on behalf of parents as well for punitive and monitary damges as well....keep in mind people we the parents are out of pocket in this and mentally in this as well the only thing our son experienced that we did not was the physical pain. but to look at my son laying there was very mentally hurtful for me as well as my spouse! so judge not less the be judged.....I just want a answer to a question that is all

[mgbigsandco1]

also the minor is the one with council and I am his next friend......people**************sheesh

[IsabellaSoriano]

if you have counsel, why on earth are you hear asking questions you should be asking your attorney???

[>Charlotte<]

I was polite, said I was just trying to give an honest perspective, and made it a point to try to make it clear that I wasn't being hostile, which set off a blustering tirade of defensiveness. And I'm the one that's angry? Okay.

You can ask for whatever you want, however you want, in whatever increments you want. Your request will be either rejected or accepted. If you don't trust your attorney get another one.

Good luck to your son.

[mgbigsandco1]

Isabelle....hope i spelled it right....it is my daughters name and that is how we spell hers so i cant get that way out of head...anyhow the reason I am here asking questions is as stated in the response above the minor has counsl and I am his next friend**************.I want to know diff answers from diff perspectives and people therefore I have diff points of view and take the right course in questions I do ask the attorney and in how I state I want things done...if I say I want to do this and it CAN be done but he doesnt really want to or they advise me around doing something as it is "more difficult" so this is the best course blah blah blah....well from asking questions in forums such as this, from other ppl paralegals etc friends then I have a more educated reasoning and wont have 2nd guessing on my part. now back to the original and really only question I have does anyone know what our rights are as parents to the settlement Obviously if you have been following this feed we want to set 70 to 75% aside for our son and invest it in the safest but yet highest yeilding ways to give him the most at ages 18 21 and 30 dividing it out into 10% at 18 20% at 21 and remaining 70% at age 30. but with out of pocket expenses, loss of time at work etc what are we entitiled to if any other than out of pocket? and or should we file seperate claim for punitive damages and out of pocket monies on our behalf? we would like to have 25 to 30% up front as a family to use to better our lives in the present and have a cash infusion to offset our out of pocket expenses future expenses as well as to alleiviate our current finacial problems due to my lay off. this is really not for us as parent to blow or whatever it is for us to recoup monies spent and to help our entire family in a time that we could use it. That is all! and in the grand scheme of things this too helps our son just not in a 100% way instead in a 1/7 way! Thank You

[mgbigsandco1]

"If you don't mind a little honesty: no, I don't see that as being "furthest from your minds" at all. I see it as being very much on your minds, to the extent that you mentioned it at least eight times. I don't mean to be provocative, but you should see this from an outside perspective.

Your son has medical needs because of what happened to him? Fine. Your son will have future medical needs because of what happened to him? Fine. You want to get a piece of the settlement because you've been out of work for nine months? That is, precisely, "trying to make good on his ill fortune".

You said the insurance company is willing to settle. Have they proposed an actual amount? How did you come up with the $100k figure? Have you been given an expert opinion as to what the future medical expenses will be, or are you just guessing?

I really strongly suggest you get a lawyer and not try to handle this yourself".


this is a bit Hostile basically accusing us of "trying to make good on his Ill Fortune" and accusing us of recouping on 9 mo of lost wages, and then implying that because of 9 mo lack of work i couldnt be out wages....so please read what u stated to me and the reevaluate your position....I do trust my attorney.....as far as anyone trust attorney's, I was in car sales, specifically Finance and i mean that in a way that is not demeaning but how everyone approaches attorneys and people in the car bus. the are leary...i trust my lawyer but how could anyone be ridiculed for wanting to double check and find answers for ones self?