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Tina
Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 32243
Experience:  Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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My 5 year old daughter was bitten near her eye. There was a

Customer Question

My 5 year old daughter was bitten near her eye. There was a settlement payout to her father who hired and paid for the attorney. Here father and I were never married but we share equal custody of our daughter. Am I entitled to half the settlement amount less lawyer fees? Please respond with a definitive answer. If your only response is to consult with an attorney please do not respond.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

You were not a party to the legal action on your daughter's behalf? Do you know how the money the father received was used?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

I was not a party to the legal action. I was not informed of the legal action taken on my daughters behalf. I just recently found out there was a settlement pay out. He has used some or possibly all of the money to purchase a mercedes and pay for his bills. We were never married and seperated when my daughter was 1 year old. I do not know the amount of the settlement.


Here are the scheduled proceedings...


 


http://63.197.255.150/openaccesspublic/civil/CivilDetails.asp?courtcode=A&casenumber=CV164589&casetype=CIS&dsn=


 


 


http://63.197.255.150/openaccesspublic/civil/CivilDetails.asp?courtcode=A&casenumber=CV164589&casetype=CIS&dsn=


 

Expert:  Tina replied 1 year ago.
Hello again, Chris, and thank you for clarifying the situation for me.

Normally, the funds should have gone into a trust fund for your child and her father's use of the funds for his own expenses would typically violate his fiduciary obligation to the child and a suit could be filed against him seeking to disgorge the funds he used for himself rather than the child.

You would not typically be entitled to the funds either as they belong to your child, but you could retain a local attorney to pursue legal action against him to recover the funds and hold them in trust for your daughter if he does not agree to disclose how much he received and place the equivalent in a trust fund for her.

The funds should have been paid to him for her benefits, not for his own benefit.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 32243
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
Tina and 5 other Personal Injury Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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