My Child Was Injured in an Automobile Accident- How Will the Settlement be Handled?

November 17, 2014 No Comments by johnmixon

We deal with cases involving injured minor’s on a regular basis.  The most important fact that parents of injured children must understand is that the settlement belongs to the child and no one else.  With most parents that fact goes without saying–for others who do not view this fact in the same way the Court has a safe-guard.

Like with most issues we discuss here, the State of the child’s residency is going to control how the settlement is handeled.  In our home State, Georgia, there are two controls: A minor settlement as well as a conservatorship.  If the gross settlement is in excess of $15,000.00 then the Probate Court must approve a minor settlement.  However, if the gross settlement is in excess if $15,000.00 and the final take-home pay out for the minor is also in an excess of $15,000.00 then the settlement must be accompanied with a minor conservatorship.  A conservatorship involves the appointed conservators providing a plan for how the settlement will be handeled and maintained by the conservators.

In our closest neighboring State, South Carolina, the financial stipulations are slightly different.  Any gross settlement that is in excess of $7,500.00 will require a minor settlement that must be addressed by a General Sessions Court Judge and it must be addressed in open court.

In both State’s the ultimate goal is (as it is anytime a child is involved) ensuring that the child’s best interest is served.  If your child has been injured in any sort of accident give us a call at 706-724-9999 or toll free at 1-800-727-1234.  The money owed to your child can become a great benefit to them as they enter adulthood.  Allow our experience to work

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