Settlement for Personal Injury to Minor Now 19 years old

[aacuna]

What is the name of your state? Arizona

My son was hit by a truck when he was 5 years old (1992). We retained a lawyer to assist in legal action and investigation that the driver of the truck was drinking when he struck my son and looking in the opposite direction.

The lawyer came up short and we were offered a settlement minus attorney fees. Since we wanted to hold off on the settlement, the lawyer dropped the case and redirected us to the insurance company. We informed the insurance co. that we wanted to keep the claim open due to the complications over the course of his childhood due to the accident.

My son is now 19 years old and we are calling the insurance co where we have been informed that the original settlement amount still stands -- no interest earnings since it was not placed into a trust.

Is my son entitled to recoup those earnings now as an adult since the money has been floating out there for 14 years?What is the name of your state?

[divgradcurl]

Originally Posted by aacuna

What is the name of your state? Arizona

My son was hit by a truck when he was 5 years old (1992). We retained a lawyer to assist in legal action and investigation that the driver of the truck was drinking when he struck my son and looking in the opposite direction.

The lawyer came up short and we were offered a settlement minus attorney fees. Since we wanted to hold off on the settlement, the lawyer dropped the case and redirected us to the insurance company. We informed the insurance co. that we wanted to keep the claim open due to the complications over the course of his childhood due to the accident.

My son is now 19 years old and we are calling the insurance co where we have been informed that the original settlement amount still stands -- no interest earnings since it was not placed into a trust.

Is my son entitled to recoup those earnings now as an adult since the money has been floating out there for 14 years?What is the name of your state?

Why would you think you were entitled to anything more than the original settlement? If you had accepted the settlement way back when, you could have put the money into an interest-earning account, and you would have the interest now. The insurance company was under no obligation to hold the money in trust for you -- they didn't know if you were ever going to accept the offer or not.

What your son can do is sue the driver and owner of the truck that hit him originally, and try to get more money that way. Or take the offer on the table.

[zippysgoddess]

But if you are going to try to take any other action, your son must do so soon. There are usually limits in each state for how long they can file a suit once they reach the age of majority, which is 18. In PA, where I am, it is 4 years, so you only have until you are 22, so you will need to consult a lawyer and see what it is for your state.