In Ohio, the judge or magistrate of the county probate court must approve the settlement of a child’s lawsuit, and how the money is spent.
The judge is usually concerned with two things. The first is whether the amount of the settlement is fair. The second is what will be done with the money.
The judge will appoint a ‘guardian” – usually a parent – to have the responsibility for keeping the money safe, and for spending it wisely. The guardian will have to keep the money in a special bank account. As a practical matter, all expenses have to be approved by the court. When the child turns 18, he or she is entitled to the money in the account.
The parents of the minor are also allowed to make claims and be reimbursed for medical expenses and the administrative costs associated with presenting the child’s claim, and for their loss of the child’s companionship during the time he is injured. In many counties, the guardian must disclose such payments on a form that is submitted before the judge approves the settlement.
I have been involved in a number of lawsuits in which probate court approval was obtained for the settlement of a child’s case. When the parents wanted it, courts have often approved a settlement that would pay the parents something for their expenses and their efforts in caring for their child. I have been practicing over 30 years, and have been practicing personal injury law that entire time.
If you want to know more about settling a personal injury lawsuit involving your child, talk to a Cincinnati Injury Attorney – call me, William Strubbe, at 513-621-4775 in Cincinnati.