Only Fair

This is a discussion on Only Fair within the Injury & Worker's Compensation forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; My 6 yr old son was recently bitten by a dog. It was a superficial bite which left no scar ...

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Old Jan 9th, 2007, 06:05 PM   #1
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Question Only Fair

My 6 yr old son was recently bitten by a dog. It was a superficial bite which left no scar or emotional damage and the dog owners offered to pay all medical bills, so I didn't pursue taking them to court. My ex-wife, however, decided that she wanted to sue them on our son's behalf. We have 50/50 shared custody and the injury occurred while my son was in my care. All of the medical bills ($300) were paid by Medicaid, so there was no out of pocket expenses. Here's my concern: Once this case is settled, what can I do to make sure that any monetary award goes to my son and not his mother, who had nothing to do with the incident in the first place? If it is put into an escrow for him, won't she still be able to spend on herself? This is the type of person who would use her children for monetary gain. She's got a history of doing things like this. Also, is there a cap on the amount you can get in a case like this? Right now she is asking for $50,000.
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Old Jan 9th, 2007, 11:10 PM   #2
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Default Re: Only Fair

You can ask the court to put it into a trust--it is often done.
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Old Jan 10th, 2007, 09:10 AM   #3
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Confused Re: Only Fair

Any ideas on how to go about asking tthe court to put it into a trust for my son? I'm not a party to the lawsuit. She filed it alone on our son's behalf.
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Old Jan 10th, 2007, 08:06 PM   #4
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Default Re: Only Fair

You or your lawyer can intervene as an interested third party
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