Tag Archives: PERSONAL INJURY

How can my daughter get her trust money?

Q: Approximately 6 years ago my daughter, then 12, was a passenger in an auto accident. Her insurance compensation was put in a trust with her mother as the trustee (I was the driver in the accident). I contributed money to the trust so that my daughter would have money for college at age 18. Now my daughter is 18, but, her mother refuses to release the money to our daughter who needs it for school tuition. Is the law on our side to compel the mother to release the money?

A: There is too much information missing to possibly answer this. I will attempt based on what I think may have happened. The way these things are usually handled is that the money is put in a restrictive account, in the minor’s name. The minor is permitted to have access to the money when he or she turns 18. The trust you describe sounds a bit unusual in that her mother (I assume father remarried?) is the trustee. In order to determine what needs to happen to have the money released to the child now that she is 18, the trust document will have to be examined. It no doubt has language that addresses what conditions need to be met in order for the child to access the money. If you truly have your daughter’s interest in mind, you may want to have a lawyer look at the trust document to advise you on the options available.

I fell and am wondering if I should sue my landlord

Q: I am having a dispute with my landlords over an accident that I had in the house i rent from them. I fell and broke my shoulder. I fell and broke my shoulder and the landlords deny any responsibility. I had the property inspected by the building inspector for the area that I live in and found out that the landlords do not have a certificate of occupancy for the house and he found a number of problems including the fact there was not a complete handrail for the staircase that I fell from. I have a broken shoulder and strained muscles, ligaments and tendons which has limited motion in my entire arm and has produced many problems in taking care of myself including but not limited to showering, dressing and other personal chores. It has also limited my doing my job at work and I have lost hours of paid work time. What can I do?

A: Just because you fall does not mean the landlord is liable. You have to prove that the landlord was negligent in maintaining his building and some this negligence resulted in your injuries. However, based on what you said, you may have a case. You will get nowhere fast trying to get money from the landlord or insurance company on your own. You have two years from the date of the incident to file. Hire a lawyer to review the case.

Is an attorney contingency fee fair?

Q. My lawyer wants 40% for attorney fee plus litigation costs. This worries me as to what % this might cost in the end. My wife fell in parking lot of a Kings restaurant and this resulted in a concussion. I’m worried that we may end up with a small % of the final settlement if the litigation costs are too high. Is this a normal agreement or is it too high

A. In this part of the state, normal fee agreements give 33.3% to the attorney if the case settles and 40% if it goes to trial. The norm is for the attorney to be reimbursed for his costs-expert fees, filing fees, fees charged for records, out of the settlement proceeds. So yes, the attorney would take his moneys and fees that he advanced for the case first. Then, from the balance of the remaining proceeds, he or she would take the above percentage. Normally, attorneys do not take contingency cases that will be unprofitable. Some attorneys will reduce their share if the case settles easily and for a lower dollar amount. I have lowered my fee on occasion with small settlements for which I didn’t spend a great deal of time or money and the person is in need. You can always ask.