My son, 15 yrs old will be getting a settlement from a car accident back in 2011.can i take any monies from his settlement?

I am a widowed, disabled single parent. Was told monies go into an account that can not be touched until he turns 18. Lord knows i can use some of it to catch up on bills

Salisbury Mills, NY -

Attorney Answers (13)

Anthony A. Ferrante

Anthony A. Ferrante

Personal Injury Lawyer - Brooklyn, NY
Answered

Generally, No.

The Court will oversee the settlement and will direct that the money go into an account on behalf of your injured son. One of the reasons for this oversight is so that parents don't spend their child's injury recovery.

Only in the most special of circumstances where the money is needed for a child's education, etc will a Court allow some to be used at settlement. They will certainly not allow you to take money to pay bills.

Good luck.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
Jeffrey Bruce Gold

Jeffrey Bruce Gold

Personal Injury Lawyer - Bellmore, NY
Answered

Not without a Court Order. You'd have to make an application to he court, and make a strong showing that you need the money for your son's benefit. For example, if you and your son are living in the back of the car, A court might find an appropriate use of a settlement would be to get a roof over his head, and the use of the money would be severely restricted and monitored. Unless the bills were incurred caring for your son i.e hospital bills, you aren't going to see any of it.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
Jeffrey Mark Adams

Jeffrey Mark Adams

Personal Injury Lawyer - Bronx, NY
Answered

Your sons lawyer and the judge will/have advised the money is for his benefit. Sorry.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
Manuel Alzamora Juarez

Manuel Alzamora Juarez

Personal Injury Lawyer - Berkeley, CA
Answered

Unfortunately, I have to agree with all my colleagues. You cannot touch the money. It will go to a trust account for your minor son. Best of luck..

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
Jayson Lutzky

Jayson Lutzky

Personal Injury Lawyer - Bronx, NY
Answered

You are responsible for your son's bills until he is 21 years of age. The money from the settlement can only be withdrawn with the court's permission for a justifiable reason. Speak with the lawyer who handled the accident case.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
Answered

No.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

No. It is his money, not yours for the taking.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
James D. Kiley

James D. Kiley

Personal Injury Lawyer - Great Neck, NY
Answered

The check will be made payable to you as natural guardian of your child and an officer of the bank in which you deposit the money. You will need a copy of the Compromise Order from the Court to open the account. You will not be able to make a withdrawal from that account without a further order from the Court. The court will absolutely NOT allow you to withdraw money to pay your expenses. Its your child's money.. not yours.

This communication does not create an attorney/client relationship. My firm is a second generation family firm... more
Timothy Leo Bowden

Timothy Leo Bowden

Personal Injury Lawyer - Goodlettsville, TN
Answered

Although the monies are for the minor child in most jurisdictions the court will let the custodial parent have some monies for the benefit of the minor child. Ask your attorney about this and see if some of the monies can be released.

Tim

Lars A. Lundeen

Lars A. Lundeen

Personal Injury Lawyer - Rutland, VT
Answered

I suggest that you speak with your attorney concerning what, if any, derivative claim you may be entitled to as his mother. Many states allow for a parent's derivative claim for nursing care, lost earnings to care for the child, loss of the child's services and other miscellaneous expenses etc.

Your attorney can tell you what, if any, money from your son's settlement portion could be used to pay for his necessities. Generally monies will be placed into a guardianship controlled by the probate court or similar court until your son reaches 18. Speak with your attorney.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.
Michael J Palumbo

Michael J Palumbo

Speeding / Traffic Ticket Lawyer
Answered

No you cannot.

Brian C. Pascale

Brian C. Pascale

Personal Injury Lawyer - Garden City, NY
Answered

Absolutely NOT. I know times are tight, but it is not your money to take. Also, it is highly unlikely that when your son does turn 18 that you will have the money to repay him. That money is to compensate your son for his injuries. It is for exactly this reason that a law like this was created. Your son's lawyer is correct, the settlement must be placed in a safe, interest bearing account until your son turns 18 years-old.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
Joseph Allen Bollhofer

Joseph Allen Bollhofer

Personal Injury Lawyer - Saint James, NY
Answered

No, it is not your money. If some is needed to help support your child,
perhaps a judge might allow it, but I doubt it.



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