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Will any damages awarded as a result of our child’s bicycle accident go to him or to us, his parents?
It depends on what the damages are for. Damages for your loss of work time, past out-of-pocket medical expenses, or loss of your property will be awarded to you as part of the child’s settlement.
Damages for future care, disfigurement, or pain and suffering will go to your child. The settlement for your daughter will be handled in a slightly different manner. Since a minor cannot sign a contract or other legally binding agreement such as the settlement of a claim on her own behalf, the court must approve such a settlement. The settlement agreement will tell the court how much money the other party has agreed to give your daughter, where the money will be kept in trust for your daughter such as in an interest-bearing account at a bank or other financial institution, who will be the trustee of the account, and how the money from the settlement will be divided between medical providers for the payment of bills, parents for out-of-pocket expenses with regard to medical care for the child, and to the attorney who is handling the case for you. Your daughter, as the injured party, can retrieve the money only when she reaches the age of 18 or by court order. In an emergency situation, the trustee can petition the court to release the funds. |
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