My son was in a car accident he spent days in the hospital with broken bones blood transfusion, etc. The lawyer says state law that if the settlement is over 25k it goes to a trust. Thats fine but as a parent that had to stay with him and miss work am i entitled to a amount of my own? This sounds ludacris.
The lawyer is correct. The settlement for your son does have to go through probate court, and must be managed like a trust. You are entitled to lost wages out of the settlement, if that was negotiated. If the settlement has not been submitted to the probate court, yet, you can ask your lawyer to include a request that part of the distribution of the settlement be made to reimburse you for lost pay. You will need to provide documentation to the court for the amount of time lost from work. This usually requires your employer to complete a form and sign off for your lost time. Usually, the probate court will not pay a parent for any amount unless it can be documented. Also, if you can document any expenses that you paid out of your own pocket for your son's medical bills or treatment, the court can also order that those amounts be paid.
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