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greglepore greglepore is online now
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Join Date: Mar 2003
Location: Charlottesville Va
Posts: 5,969
Its not even a question. The settlement belongs to the child. He's of majority age now. The attorney's fee in a personal injury case should be contingent, although expenses may not, so those fees and expenses come off the top.
If the child were still a minor, in every jurisdiction where I practiced (caveat-retired) there was a procedure whereby the court had to approve a settlement involving a minor, accounting for such things as the atty's fees, medical expenses, expert fees etc. etc. These items could be paid out of the settlement, including parental expenses, the remainder was to be held in trust for the child and the parent would have to act as fiduciary.
Now that the child is of majority age, unless parents want to have him declared incompetent by an appropriate court proceeding, he gets the money. Personal injury settlements are to compensate him for his loss.
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Greg Lepore
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Old 01-31-2023, 06:10 AM
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