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Questions regarding minor child settlements?

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king.brit

Junior Member
What is the name of your state (only U.S. law)?

I live in Omaha, Nebraska.

My 4 year old son was injured in a car accident with my brother, 17 at the time. My brother was driving and fell asleep at the wheel resulting in him crossing over the opposite lane and hitting a telephone poll. My son had a large wound on his forehead which he received a noticeable scar from and fractured his ankle. Due to his injuries I lost my job staying at the hospital with him for a number of nights and having to stay home with him because of his fracture ankle being he was too young for crutches and couldnt not walk or crawl. I had to use all the money i had in my savings and maxed out my credit cards paying bills and now am still very much so in debt.
I was and still am pregnant making it extremely hard for me to find a new job now being 9 months pregnant and at the time I was around 5 months.The medical bills because i am his parent are in my name. I am working with the insurance company myself because it is my mother's insurance and Im not looking to get a whole bunch of money and go through all that bull with a lawyer and pay them 30%, my son has fully recovered besides his scar. Which is feels is "cool" so im glad he has adjusted to it. I just want to get back to my finiancial place before the accident. As far as the settlement goes how does that work as far as me receiving money for medical bills, my lose of wages and his pain and suffering, ect. ? How is the settlement awarded? Does it come to me, is it put in a trust fund for him, do i get any part of a settlement to pay for everything? Just wondering how that all works? If anyone knows anything about this or can help I would appreciate it greatly thank you in advance.
 


ecmst12

Senior Member
I find it very unlikely that you will be able to recover lost wages when you were not the one injured. His medical bills and a very small amout for pain and suffering is about it.
 
You will not recieve any of the settlement monies. The medical bills have to be paid from the money (the insurance company may require that they pay them directly). Any monies paid to your son for pain and suffering will be placed in trust (perhaps deposited with the court).

You really should consult with a local lawyer simply to understand your son's rights and the procedure that will have to be followed. Most lawyers will give you a free consultation.
 

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