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How Settlement Proceeds Are Allocated and Distributed in an Injured Child’s Case

Every state has there own specific rules for seeking court approval of a personal injury settlement involving a minor. In certain jurisdictions, the trial judge assigned to the particular case can approve the settlement while, in others, a special probate judge is assigned for these purposes. Until the Court has formally approved the settlement, the proceeds may not be allocated or distributed.

Most judges recognize that while the bulk of the settlement proceeds should be paid to the child for his or her present and future care, they also acknowledge that parents and other family members have expended extraordinary amounts of time and expenses during the course of litigation. Often, one or both parent have missed or, even, quit work to care for their injured child. To this end, the parent's needs should not be overlooked.

As a matter of emphasis in dealing with the allocation of the settlement proceeds, Hurt, Crosbie and May attorneys will outline to the court the importance of keeping the parents emotionally and financially secure. This is important regardless of whether they are actual parties to the suit so that they can continue to support and care for their injured son or daughter. Since the circumstances of each case are unique, Hurt, Crosbie and May attorneys believe that the needs of both parents and their children deserve informed advocacy before the court on these matters.

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