Settlement Approved For Three Children Who Lost Mother in Maricopa County Car Accident
On July 24, 2018, Scottsdale Injury Lawyers, LLC obtained final approval of a settlement involving three minor children whose mother was killed in a 2016 car accident. The accident occurred at an intersection in Mesa, Arizona when the minivan being driven by the mother drove into an intersection and was struck by a pick-up truck. There was conflicting eyewitness testimony as to who was at fault and liability was contested.
Scottsdale Injury Lawyers, LLC was hired to represent the statutory beneficiaries of the mother. This included the mother’s parents and her three minor children. The firm successfully negotiated and secured a six-figure settlement for the entire insurance policy limits from the driver of the pick-up truck. The firm then petitioned the court to appoint conservators for the minor children and to approve the settlement. The Maricopa County Superior Court did so on July 24, 2018.
Under Arizona law, a conservatorship must be established when a personal injury lawsuit is settled on behalf of a minor for a significant amount. The primary purpose of the conservatorship is to safeguard the settlement funds that the minor receives. Generally, these funds are then deposited into a restricted account at a federally insured financial institution and may not be released without an order from the Court. When the minor reaches 18 years old, he or she, or his or her conservator, may then ask the Court to terminate the conservatorship and allow the release of the funds directly to the minor.
This procedure ensures that those settlement funds (that belong exclusively to the minor) are not spent or dissipated by a parent or other party to whom those funds do not belong. A conservator must be approved by the Court after a hearing whereat the court inquires as to the conservator’s fitness to serve. The Court may also inquire as to other aspects of the settlement including if it is fair for the minor child.
If you or a loved one suffered serious injuries in a Maricopa County car accident, contact one of our Scottsdale injury lawyers today. We are available now to discuss your case and provide a free consultation.