Legal Question in Personal Injury in North Carolina

My son was bit by an dog if he receives a settlement from the insurance company since he is a minor will he be able to get the money now or will he have to wait until he is an adult in the state of north carolina?

Asked on 4/10/12, 1:33 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

There is no absolute set answer to this question. It will primarily depend on the insurance company making the payment, and the amount of the payment. Typically the insurance company will want any significant claim, loosely defined as claims over $5,000 or so, to be approved by the court (when the claimant is a minor); in that case, the money is typically paid to the court until the minor turns 18. If the insurance company does not want to go through this process, then you can typically get the money now. I have written an extensive law review article on minor's settlements in North Carolina, and I'll be happy to discuss this with you further if you have further questions.

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Answered on 4/10/12, 3:59 pm


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