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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3607
Experience:  30 years of experience
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My son is disabled from playing in NFL. He was cared care

Customer Question

My son is disabled from playing in NFL. He was cared for by care giver in AZ and she was paid by Cigna thru NFL to provide all living costs/care. Not only did she not care for him in April of this year, she invoiced cigna for his living costs and cashed check and kept the money. She also insisted on receiving 11,000 from his NFL disability income as security. I want to file to get that money returned.
Audrey
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
Your son may have an action against her for fraud and breach of contract in regard to the $11,000. Since she took money from Cigna for services she did not render she may also have committed insurance fraud against Cigna, which is a serious crime.
Your son can bring the action for the $11,000.00 and report her to Cigna regarding the fraud against them. You are over the Small Claims Court limit in Arizona, which is only $2,500.00. So if you are going to sue you will need to hire an attorney.
I understand the desire to try to initially handle this yourself, but the potential criminal issues against the care giver make pursuing this a little tricky. You want someone who can navigate the process for you.
Because of the delayed care, and other consequential damages your son may have experienced as a result of the caregiver's actions, there may be damages that can be claimed in excess of the $11,000.00. When you meet with a local attorney discuss with them the potential for an emotional distress claim in addition tot he fraud and breach of contract claim. You likely need something in order to make the claim affordable to litigate. Even though $11,000 is a lot of money, the costs to litigate for it may be prohibitive to you.
Most attorneys will meet with you to review and assess your situation at little or no cost. A personal injury attorney may be the best place to start because you need someone who can pursue all the issues. The following link may help you find a local attorney to assist you:
http://lawyers.findlaw.com/lawyer/practicestate/personal-injury-plaintiff/Arizona
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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