the court is sending a guardian to see if we get some gross $. we being sufering a lot since our child borned, she is 4 and doesn't talk. or walk, lot of problems.our lawyer said that we will get compesation separate from our child..but now that we get the settlement , he said thatall is toguether and that the guardian is coming to deside if we the parents will get some $$ ????..
Also the husband is doing bankruttcy he has in debs around 110.000, our lawer denied to pay..because everithing is not medical bills..our lifes was in caos because our child situation..any good advise will help a lot..don't know what to do.our lawer introduce us who is going to be the trustee,they are going to do the trust. But we have many questions..can we be the trustee ?, how do we know if these trustee is good?, what do we need to know to find the best trustee?, the trust they are doing is going to be rialable? do we need to be present when doing the trust? why the lawer din't bring others to see?when we meet this people they said tha they will pay our child's needs direct to the companies.can we get like monthly allowance?and we will pay everything for our child?,they said we have to keep providing for vacation,rent,cloth,etc.for 4 years im the onlyone working , onlyone paying the bills. my wife can't work because our child needs 24 hours supervision.we can't even sleep.also we (mother-father)are the only ones who know how to make happy our child, no body else. Why these trustee has to provide our chil needs and no us?is he going to make the child happy like we made, ? sorry for all this but we are in the dark...thanks
This is a very difficult situation you are in and having handled a lot of birth injury claims, I know that the parents suffer quite a bit as well. What you are describing in terms of the guardian ad litem, however, is very common. In all cases involving injury to a child, and especially what I assume to be a serious injury here, the Court will want an independent attorney (the guardian ad litem) to review the case and make recommendation for the settlement funds that are first and foremost in the best interests of the child. Usually in these circumstances the guardian will want to ensure that the child's needs (especially medical care) are taken care of first and foremost. If the family is also suffering financial hardship, often the guardian (and the Court) will be extra diligent and cautious with earmarking funds from the settlement to the parents. They are primarily concerned that due to financial hardships separate from the child's care, the money might be spent on things other than the child's needs. It is not unusual for the parents to get some money from the settlement funds because you have certainly suffered a recoverable damage. But usually the vast majority of the funds are preserved for the child and the Court will require those funds to be put in a trust for the child managed by an independent trustee. Based solely on your description it sounds like your lawyer is not doing anything wrong by not paying any bankruptcy debt. That's for the court to decide. Good luck with your situation and I hope everything turns out well.
I agree with the other attorney
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As a NY attorney experienced with birth injury issues and the trauma they cause to the entire family, I fully understand that the parents of the injured child suffer immeasurably, and how little they are compensated for their suffering. Attorney Alsaffar has given you a good answer. I would point out that in most cases involving birth injury and jury awards or settlements, a large portion of the money is allocated to the cost of the child's extraordinary day-to-day care, which may include nursing, home health aid, special transportation, and other services. If the child is living at home, often the parents provide some or all of these extraordinary services and as such, they are entitled to be paid from the child's trust funds accordingly. Most guardians/trustees happy to cooperate with these legitimate expenditures for the benefit of the child and these funds can help offset some of the financial burden if one or both of the child's parents cannot work outside of the home due to the child's needs. Do not be afraid to speak up as your child's well being is closely tied to your own. Just keep in mind the the child's settlement must always be used for the benefit of the child. Good luck!
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