It's time for some Fox26Law. Our legal analyst, Chris Tritico, is here to answer your questions. Watch Chris every Tuesday and Thursday morning on FOX 26 Morning News in the 7 a.m. hour.
QUESTION FROM JENNIFER: I am looking for some feed back on an up coming mediation we have scheduled next week. Daughter has mild Cerebral Palsy due to complications at delivery. In brief, we have a malpractice law suite pending mediation with the hospital. A few months ago our lawyer stated we could allocate a percent to us then the remainder to a Special needs trust. Now she is stating all has to go directly to a special needs trust. Here is what we want to know if at all possible in our mediation could we still request that x $ amount be cash now then the remainder be put in the special needs trust for future use when needed for her. We could list out our thought of making things simpler for her in our home and needs that we need to meet at this time to help better her life for this point on. What words or how could this be possible to happen? Thank you so much for any information you could possible give to use regarding this situation.
CHRIS TRITICO'S ANSWER: You may be able to accomplish what you are suggesting here. Your daughter will have a Guardian Ad Litem to protect her interest. If the guardian approves it should be fine. Remember the award is your daughters and the allocations from the trust will be for her benefit. You may have your own cause of action here. Consult with your attorney in private about that.
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