Legal Question in Mediation in Massachusetts

My son is 21, from calif. but college in boston. Was attacked by a jealous boyfriend. The other parties parents want to pay 9000.00 in mediation for my son not to prosecute. My sons medical bills were 28,000.00 covered by my insurance. I paid 2000 out of pocket. Can my insurance company take that money from him? The other kid broke my sons jaw....witnesses ect. He is guilty, we all know that. My kid went through a lot of pain and lost all kinds of weight. He plays college hockey and will try to play with a metal plate in his jaw this year. I dont want him to lose that money to the insurance company. Are they entitled to it? Its not a settlement for injury, its a settlement for him not to press charges

chris monteros


Asked on 9/14/10, 10:17 am

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

You have to be aware that, to the extent that your son's health insurer paid his medical bills, the insurer has a right to assert a lien against your son's recovery against a third party. I am assuming that no civil suit has been filed but a criminal case has. Under Mass. law, a criminal assault and batter can be resolved by an accord and satisfaction with the victim. If there is no criminal prosecution pending, you have to be very careful trying to obtain money by agreeing not to press criminal charges. If your son was injured such that he incurred $28,000 in medical bills, he really should have an attorney. If you want to speak about this, please call me tomorrow monring at 6170426-7400. Bill Harrington

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Answered on 9/19/10, 1:15 pm


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