Medical Malpractice Do I need a Minor Compromise?

[Mixtajones]

My wife and I have just reached a settlement in a malpractice case related to a missed cancer diagnosis. We have a 2 year old son but he was not a plaintiff in the case. We settled the case based on the fact that the money would be to help cover cost in the case I die from my cancer and am not around. It is also for pain and suffering for my wife and I. We signed a release that released the defendant from any future legal action from my Wife, Son, or Myself and everything was moving forward. The insurance carrier is now saying the they want a Minor Compromise written in to the settlement and my attorney is saying we should do it to protect my wife as well as all of the attorneys involved.
If my son was not a plaintiff why do we need a minors compromise? We are kind of concerned that this did not come up until the settlement number had been reached. Had we known we were going to have to set some of the settlement assign in a blocked account we would have settled for a higher amount.

 

[Betty3]

This is something you will need to discuss further with your attorney - let the attorney know of your concerns. You will then need to come to a decision. Your attorney would know better than us (since the attorney knows your case) what is the best action to take. You could always run it by another attorney if you wish. It "might" be the best action to take to get to any money (if necessary) that might have been set aside for the child for example.