Legal Question in Personal Injury in Maine

I'm working on reaching a settlement for my sons personal injury claim...if we agree on an amount without an attorney and litigation, will payment go into a trust or issued to us as his parents?

Asked on 3/16/16, 1:58 pm

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

That is an excellent question. However, it begs the question of whether your resolving this matter without legal assistance is wise for your child. Typically, insurance companies offer far less money in settlement when the injured party is not represented by an attorney. This is primarily due to the fact that they deal with these matters every day, that they understand the value of the case, and that they do their best to take advantage of unrepresented parties by offering the lowest amount of money. If the money is not needed at this time, you may be able to obtain an even higher settlement by proposing a structured settlement where the money is paid over time. Either way, the money can be paid to you as the parents, which I would not personally recommend, or into a trust for the benefit of the child. If the money is not available to the child when they reach the age of majority as adults, they could have a claim against anyone who has misspent or misappropriated funds. If this matter is taking place in the state of Maine, the law requires that a settlement for minors be approved by the court. To do so requires preparation of documents, filing them with the court, and then obtaining a court order. I would be happy to assist you, and if that is desired, please call me at 207-775-6042. Thank you.

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Answered on 3/16/16, 2:15 pm

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