Legal Question in Civil Litigation in Illinois

Civil Lawsuite

A family member sexually molested my child. He will soon be arrested under criminal law. He has $500k in his bank as a result of a wrongful death settlement of his mother. I would like to file a civil lawsuit against him to pay restitution for him having molested my son. Is the moneys he received in that settlement off limits to my civil suit against him because it is not �earned income�? Or is it considered an asset that can be assessed and paid to my son as restitution for his sexual molestation of my son?


Asked on 2/20/07, 1:28 pm

4 Answers from Attorneys
John Eliasik Citizens' Law Office

Re: Civil Lawsuite

I believe you likely have a viable claim to his settlement. Please contact me to discuss it in detail.

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Answered on 2/20/07, 5:13 pm
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Civil Lawsuite

It is likely that the proceeds of the wrongful death settlement, if they still exist, will be available to satisfy any judgment you are able to win against the guilty family member.

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Answered on 2/20/07, 1:40 pm
Shell Bleiweiss Law Offices of Shell J. Bleiweiss

Re: Civil Lawsuite

I agree with Mr. Stein, unless the money is held by someone other than the molester, or is held in some form of trust.

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Answered on 2/20/07, 1:49 pm
Eugene Hollander The Law Offices of Eugene K. Hollander

Re: Civil Lawsuite

You should definitely contact me upon receipt of this e-mail to discuss this matter.

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Answered on 2/20/07, 2:06 pm


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