Visitor Question

Settlement Payout for Injury as a Child…

Submitted By: Jasmin (Florida)

I was hit by a vehicle when I was 10 years old. My mother filed a lawsuit against the person that hit me and I was awarded a settlement, but she made it so that I can only get the money at the age of 18, 21 and 25.

I am now 18 years old. Can I petition the court to get all of my money now instead of the way my mother had it set up? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jasmin,

Yes you can. Without access to the actual original court order entered 8 years ago it is difficult to specifically reply to your question. You would be well-served to seek legal advice in the county in which you reside.

You can file a “Motion or Petition to Modify a Prior Order”. In that document you will have to prove to the court (the judge) the reasons you believe the original court order should be modified. It seems clear the original intent of the order was to preclude you from alienating (spending) all the money at one time. That’s why the court stretched the payments out over a matter of years. This was undoubtedly done to protect you from yourself, so to speak.

If you have exigent circumstances and can show the court you are mature enough to deal with all the money at one time, you may be successful. Otherwise the original court order will stand.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 30, 2012

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