You should retain an attorney to assist you with this process.
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This is extremely dependent on the jurisdiction. Contact a local injury attorney to advise you.
An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.
Not sure what the process is in Tennessee. In California, it usually takes about 6-8 weeks from the date of filing to get a hearing. Who is going to handle the court process for you? There may be some technical requirements that will be difficult for you to handle without representation. You might consider contacting a good Tennessee personal injury attorney to evaluate whether the offer is fair in the first place and to possibly handle the minor's settlement process. If you are going to accept the current offer or close to it, you can negotiate a reduced contingency fee for the service of handling the minor's settlement.
Its different State to State. get an experienced attorney's assistance in your area. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Typically a month to two months or so. The defense attorney or attorney for the insurance company will file a petition with the court to approve the settlement. Then you will go with your child to court (and your attorney if you have one) and explain to the Judge how your child is doing after the accident. The court will determine if the settlement is reasonable and fair for your child. The court will want to hear if he/she is doing ok in school, sports, playing with friends, etc.... Based on that and the medical records the court will decide if the settlement is fair. The money is usually placed into a trust account run by the court and they hold the money till the child is 18. If the amount is very small and you can show the court you are familiar with bank accounts and managing money, the court may release the money to you the parent. Just because the court rules the settlement is fair does not mean it's what you would have gotten if you hired an attorney. Studies show you receive significantly more money after hiring an attorney than without one. This is even after the attorney charges his fees and expenses. So if you do not have an attorney yet, you may want to have one review the settlement offer prior to accepting it.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
In general, if there is a car accident and a minor is injured, court approval is required to settle the minors case. In some instances depending upon the amount of injury and compensation, the money is placed into a restricted account, trust and/or an estate is required to be opened. This can vary from a month to three month, but could take longer if there are complications or other issues that arise. Call a local attorney for help. This is important and needs to be done correctly.
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Typically a month or so. Your lawyer will handle it. If you didn't have a lawyer, don't sign the release, as you are likely being offered 1/10th of the true worth of the claim.
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