Q: My son and I were in a wreck earlier this year. We have a current case that’s trying to be resolved.
I was told his settlement will be held by the court since he’s a minor (4). Is there anyway around that?
A: Great question. Alabama law provides several protections to minors in personal injury cases. First, the statute of limitations (time period in which we must file a case) for a minor does not run until the child reaches the age of majority (adulthood). That gives the minor time to make his or her own decision if a parent does not pursue the claim for them. Second, any settlement involving a minor typically needs to be court approved. That is a process your attorney should explain to you in detail so that you are fully prepared. Third, and to the point of your question, the law provides safeguards as to how the settlement money should be handled. Those safeguards apply to settlements over a certain threshold. The law does provide multiple safeguard options. These include establishing a conservatorship where a conservator holds the money, putting the settlement into annuities that only payout after the child reaches adulthood, etc.. If you have a lawyer in your case, he / she should sit down with you to discuss all the options and then help you decide which is best for your child.
Tim Akpinar agrees with this answer
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