Legal Question in Personal Injury in California

my daughter was in a car accident five years ago at the time she was 13 we settled with them in june my daughter of coarse couldent touch her settlement until she turned 18 well last saturday she turned 18 we went to her attorney's office on monday to sign the release her attorney said she faxed the release the same day and the other attorney on the defendant side claims he sent my daughter's check that monday but my daughter attorney's wouldent give my daughter a check because she has to wait until the check comes from my experiance when i sign a release they write me a check that same day.i don't understand why this is taking so long?

Asked on 1/26/12, 9:42 pm

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4 Answers from Attorneys


If they dont have the draft yet they cant give out any funds because they would be giving you somebody elses money Many defense attorneys and or carriers will not send the draft until the release is in hand. It has not even been a week.Your daughter should have her money by next week

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Answered on 1/26/12, 9:49 pm

Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

I agree with Mr. Nelson. Also, the check may not have been made out to your daughter, but to the law firm's client trust account. (That is usually addressed in the settlement agreement.) If this is the case, there may be a delay if the attorney first needs to deposit the check into his/her firm's client trust account, wait for it to clear, and then issue your daughter a check from the trust account. This a standard procedure.

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Answered on 1/27/12, 10:51 am
Armen Tashjian Law Offices of Armen M. Tashjian

Something doesn't make sense here. Was this case settled five years ago? If so, the check must have been sent to your lawyer, and a minor's compromise hearing should have been held. Thereafter, the money must have been placed in your daughter's name in a blocked account and released to her when she turned 18. If that did not happen then you should have another lawyer review this case.

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Answered on 1/29/12, 2:43 am

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