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My son had a dog bite case which is settling in two months he had 8 surgeries already I would like to take him away to Disney.

Wilkes Barre, PA |

He has been thru a lot I would like to do something nice for him as his father is absent I'm a single mother Am I aloud to get money when its settle to help with supporting his needs now

Attorney Answers 12

Posted

Your attorney is in the best position to answer this. Some judges and courts are more liberal about spending your son's money than others, and while I understand you intentions and desires, it is up to the Court to preserve the assets. I would discuss this with your attorney and see if the Judge will approve it. Good luck. I am sure your son deserves a nice trip, but it is up to the Court.

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Posted

Your question is a little bit unclear. If you are asking whether or not you can get money from the settlement in advance to help support him now, there are various legal settlement loan companies out there. I would strongly weigh this option before obtaining one of these loans, because the interest rates are very high, if you qualify at all. You should discuss these options with your attorney.

Unless we have a signed fee agreement, I do not represent you and this is not legal advice. Please feel free to visit my website at http://pghfirm.com/. We offer free consultations.

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Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Agree with Attorney Hauptman; do not use a funding (or pre-settlement) company.

Posted

This is something your lawyer must address with the court when the proposed settlement is presented for approval. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

If your son is a minor, the money will be held in an account that is set up for him until he reaches age 18, unless there are other arrangements made to hold the money longer. You will not be able to use the money or access it without a Judge approving the use. You can try and see if a Judge will approve a family vacation to Disney World, but I doubt it. If you have an attorney right now, you should discuss your plans with the attorney.

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Asker

Posted

Ms Kristy he has been thru bit by rocwilder head back and ear my lawyer promised when I hired him that he would atlease get to go now I'm hearing every thing else I would ever make money from him its his I can bring receipts to show I think he deserves it and so does he

Posted

The answer is yes if you can get the court, the insurance company and all the attorneys involved to consent. The answer will be no if anyone objects. You will probably have to wait until after the two months goes by and then, after the case settles, you will still need to get the permission of the court for an expense like a vacation. Your attorney should be able to help you with this process.

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Asker

Posted

Mr.Briggs when it settles do I call u? I may need help with that the paralegal said she doesn't think so.....

Posted

There is a Petition to Withdraw from minor's settlement

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Posted

Easy speak to his attorney.

Thomas Kenny tom@askphillylawyer.com 2152668544 Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question. If you would like to consult with me privately, you may do so.

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Posted

Probably not. If he is a minor the monies would go into trust until he is 18.
But why arent you asking his lawyer this question? I would think in such a substantial case you would have a lawyer. If not go consult with a personal injury lawyer immediately.

Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.

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Asker

Posted

Ms Sandra I did when I hired him. He said yes then. But now another tune he even told my kid that he would be able too

Sandra B. Worthington

Sandra B. Worthington

Posted

If he promised this to you he may not have understood you wanted money to use for a trip now rather than when he is 18. Call him and discuss it. Keep in mind his obligation is to protecting your son's money for use when he can legally decide what to do with it. Perhaps saving for college would be a better goal than the Disney trip though I do feel your pain for him. Good luck!!

Posted

Probably not. This is usually not the type of thing that the Court will authorize taking money for. You should ask the attorney handling the case. I hope you are not trying to settle this case without one.

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Posted

You should speak to his attorney, but in my experience it is unlikely that the Court would allow this, best of luck.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney

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Posted

That's a sweet idea, but the money is for him when he reaches 18

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Posted

Probably not, but ask his attorney.

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