Legal Question in Personal Injury in Illinois

I have a 13 year old son that was hit by a car and awarded 18,000.00 is there a way to get some of the money to fix up the walls in his room & my basement that he has damaged due to being up set. How do I go about asking the court to release the money


Asked on 7/09/10, 1:00 pm

3 Answers from Attorneys

Nima Taradji Taradji Law Offices

You need to petition the probate court and explain what you want to do with the money. Generally, the only reasons why the probate court will allow settlement money placed in bank account be used earlier than the child's 18th birthday is for educational, health and/or dire emergencies for the benefit of the child only.

I hope this helps-

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Answered on 7/09/10, 4:11 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You need to petition the court and show why it is in your child's benefit for these repairs to be made. Compensation to yourself for damages is not likely to qualify.

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Answered on 7/10/10, 4:50 am

You need to understand that the $18,000 is his money, not yours. If the settlement was court approved, the judge will have to sign off on any disbursement of proceeds. Unless the room damage was directly related to the accident claim, it is doubtful the judge will disturb the settlement agreement.

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Answered on 7/18/10, 2:46 pm


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