Receiving Money from Child's Personal Injury Settlement

Previous | Next
 rated by 0 users
Latest post 05-09-2012 11:11 AM by Drew. 9 replies.
  • 04-02-2012 3:24 PM

    • Mandy316
      Consumer
    • Not Ranked
    • Joined on 04-02-2012
    • PA
    • Posts 1

    Receiving Money from Child's Personal Injury Settlement

    My child was recently injured at a neighbor's house in Pennsylvania. The child who lived there pushed him onto a roof of a second story window and he lost his balance and fell off of the roof. My son suffered two broken bones in his wrist and two in his foot. My other son came down to our house (which is 3 houses down) and told me what happened. When I went up to get him and help him home, I found out there were no parents home. The children that live there are only 9 and 7. My son is 12. I contacted a lawyer who told me I have a case. I found out also, the settlement my son gets will probably be put into a blocked account until he reaches the age of 18. My question is, will I have any access whatsoever to this money. I don't want to take all of his money whatsoever, however my husband has recently been cut back at work and we are struggling to pay our rent. We have thought about moving out of state for better job opportunities and a better life for our children. Would a judge approve a set amount from my sons account for moving expenses? We haven't come to a settlement yet, the process only started about a week ago.

  • 04-02-2012 3:31 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,964

    Re: Receiving Money from Child's Personal Injury Settlement

    Don't count your chickens before they hatch.

    Unless the window was improperly secured I'm not sure under what theory the parents can be held to negligence -or if parents are required to supervise 8 and 9 year olds....but its not easy to hold parents accountable for dubious acts of kids.

    The award might only cover medical expenses

    My read on such settlements is that funds are there for that specific  child's benefit --under some level of court review --and not to make up for  dads income issues or need to find a new job etc.



  • 04-02-2012 3:32 PM In reply to

    Re: Receiving Money from Child's Personal Injury Settlement

    You'd have to ask a PA lawyer and none are currently on these boards, HOWEVER, generally when a minor is injured, the proceeds of any lawsuit or settlement must be placed in trust for the minor and the authorized use of such funds by the trustee (assuming that is you) is very, very limited.  I seriously doubt the court would allow you to use the money to move.

  • 04-02-2012 3:33 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,386

    Re: Receiving Money from Child's Personal Injury Settlement

    Your attorney would be in the best position to answer that question.  Have you already filed a lawsuit as oposed to working with the homeowners insurance company?  If you haven't yet filed a lawsuit do you have some reason to believe that this is necessary?  Do you have some reason to believe that your son will be permanebtly disabled by these broken bone injuries? Why? 

    Personally I believe that if a settlement was made to your son, it would probably have a good chance of being put in some sort of trust for his own personal use at a later date. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-02-2012 3:36 PM In reply to

    Re: Receiving Money from Child's Personal Injury Settlement

    Drew:
    Unless the window was improperly secured I'm not sure under what theory the parents can be held to negligence -or if parents are required to supervise 8 and 9 year olds....but its not easy to hold parents accountable for dubious acts of kids.

    It's not a matter of supervision.  Parent's can be held liable for their children's intentional torts as well as their acts which constitute gross negligence.  Pushing another child out of a window is an intentional act and the child, as well as the parents, can be sued for the injuries suffered by the poster's child.

  • 04-02-2012 3:50 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,964

    Re: Receiving Money from Child's Personal Injury Settlement

    Holding a parent accountable for misdeeds of his kid is very state and age specific--and it may not work to hold them as to very young kids--I do NOT know the PA issues--ask your attorney.



  • 04-02-2012 9:25 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,964

    Re: Receiving Money from Child's Personal Injury Settlement

    The CAP on parental liability for juniors tort act might be as low as $1000 per person ---must be something else  that warrants legal attention?



  • 04-02-2012 9:58 PM In reply to

    Re: Receiving Money from Child's Personal Injury Settlement

    Drew:
    The CAP on parental liability for juniors tort act might be as low as $1000 per person

    Appears to be the PA limit per 23 PA Code 5502, 5505 with liability imposed on parent when child is found liable or adjudged guilty of tortious act that causes injury to another person.

    http://www.mwl-law.com/CM/Resources/Parental-Responsibility-Chart.pdf

    Drew:
    must be something else  that warrants legal attention?

    The typical homeowners and renters liability insurance defines "insured" to include:

    • You and residents of your household who are: (1)  Your relatives; or  (2)  Other persons under the age of 21 and in the care of any person named above.

    To the extent that a child can be legally liable for negligence, the policy would provide coverage up to the liability limit for acts of negligence, but not intentional acts.

    So, basically, the injured person would sue the children for negligence and include the parents as defendants under some sort of negligent entrustment theory. Negligent entrustment, if provable, could eliminate the $1000 cap if the parents were adjudged negligent even if the children weren't. I think the cap wouldn't apply to the parents' own negligence.

    And Medical Payments coverage would provide coverage for medical bills incurred by a guest as a result of injury regardless of fault, but coverage would generally be limited to $1000, $5000 or $10000.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-09-2012 10:48 AM In reply to

    Re: Receiving Money from Child's Personal Injury Settlement

    PA Judges require deposit in a restricted account with court approval required for withdrawals prior to age 18 or an annuity with scheduled payments after 18  This is to prevent just the sort of thing you are proposing.  the courts have dealt harshly with parents who managed to access and spend settlement funds. 

  • 05-09-2012 11:11 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,964

    Re: Receiving Money from Child's Personal Injury Settlement

    There are a couple of states that seem to address leaving your children below a specific age some place w/o supervision as a form of negligence but I do NOT think PA is among that number--so it may not necessarily be a slam dunk to prove parental negligence just because children were left unsupervised



Page 1 of 1 (10 items) | RSS

My Community

Community Membership New Users: Search Community