What hapens to a minor compromise settlement if the attorney never finished it amd minor turned 18.

Asked 10 months ago - Van Nuys, CA

My son settled a personal injury case in 2012. It was entered into the court record but never finished due to a fallout with the attorney. My son just turned 18. How can i proceed to finish the case without the attorneys cooperation. Is the attorney entitled to any fees now that minor is 18?

Attorney answers (4)

  1. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You need to get all your paper work and meet with a new attorney. You cannot have a settlement without paying your Attorney. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    6

    Lawyers agree

    Answered . More info is needed about the fallout with the atty. if the settlement is on the record, but son is no longer a minor, no minors compromise should be needed. At some point the ins co lawyer has to be contacted to get the release of claims signed, and the check. Depending upon the fallout with the atty, the atty may or may not be entitiled to fees. Most likely is entitled. Either contact him to get case finished, or get another atty.

  3. Daniel Danny Geoulla

    Contributor Level 9

    4

    Lawyers agree

    Answered . 1) Your attorney is entitled to be paid for the work done (time they spent) on the case. There is a LOT of work that is done behind the sense that clients don't always realize or understand, specially if this was a litigation case (court case) like you mentioned.

    2) If your son is an adult now, then he can "accept" his own settlement, meaning that he can sign for himself and no longer needs a "minors comp." You'll need to get the paperwork finalized and then you can get the net settlement proceeds (after the prior liens are satisfied).

    For more information about our firm please see www.bdinjurylawgroup.com or call 866-99-52529........ Always... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If the attorney settled the case, yes. If the attorney was retained after the settlement, unlikely.

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