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

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


  2. 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 Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  3. 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.


  4. 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 consult with an attorney licensed in your State for more detailed information. I'm only licensed in California and my answers assume that California Law applies. Since a thorough interview and evaluation of the law and facts has not taken place, my answers are general in nature and not specific to your claim or situation. No attorney client relationship is created or established by this response. You remain responsible for all deadlines and time limiting statutes. The Avvo terms of use are incorporated herein by this reference.