need advice!!

[powerline]

Ga.
My nephew (who lived with me at the time) was a passenger in a pickup truck that was T-Boned. He was thrown out of the truck and truck rolled over on top of him. He has massive injuries but he survived and is doing ok. My question is that he was 16 at the time just 3 wks from turning 17. My sister decided to hire an attorney and says he is not getting any money if they are awarded a settlement. He was working FT and supporting his self, can she do that. She did not even help me when he was in the trauma center for 12 days or when he was at home unable to walk for 3 months. I tended to his every need and took him back and forth to his appointments. I do not want any money but I would like for him to get a settlement is there is one b/c he is the one who almost lost his life not his mother. Oh yeah the reason he lived with me at the time was b/c his mother kicked him out of her house. He is now soon to be 18 in Oct and I want to know if he can do something. any help please.

 

[JETX]

My question is that he was 16 at the time just 3 wks from turning 17. My sister decided to hire an attorney and says he is not getting any money if they are awarded a settlement. He was working FT and supporting his self, can she do that.

Yes. He is still a legal minor so his parents will have to sue on his behalf. Any recovery is theirs... unless the court orders otherwise.

He is now soon to be 18 in Oct and I want to know if he can do something.

At 18, he can file on his own.

 

[ecmst12]

I would suggest that he contact his own lawyer now. His mother will probably not be able to bring a lawsuit without his cooperation, anyway.

 

[las365]

I think your nephew should se an attorney as soon as possible to ask about getting emancipated so he can make his claim, and also to discuss whether it may be effective for him to put the insurance company (companies? Do you have underinsured motorist coverage that could provide a source of recovery in addition to the insurance of the driver who hit you?) on notice of his claims now. Or perhaps he could intervene in the lawsuit if one has been filed, but he probably needs to have his disablities of minority removed before he can do that on his own.

His mother may have legitimate claims related to the accident if she is being charged for the medical treatment. Whether anyone gets any money in pocket probably depends on the amount of coverage available. It sounds as if his medical bills must be huge.

It sounds as if your nephew would really benefit from a consultation with an attorney to learn what his rights are.

Disclaimer: I am not a lawyer. I've worked in the legal field for many years and any suggestions I make are based on practical experience and are not legal advice.

 

[powerline]

Yes his medical bills are up to about $160,000. I think they are all in now so it should close at about this amount. His mom didnt get billed b/c he had Peachcare and they paid a large amount on his bills. There were 2 insurance companies involved and my sisters comp had to pay medical as well. The attorney she hired made a big deal about saying my nephew still lived at home so it must be some kind of fraud. Anyway I will have him call an attorney to see if there is anything her can do even though there is a case already going. Thanks