Legal Question in Personal Injury in New York

law suit for minor child

I am divorced with 2 minor children and have full & sole custody of them. My son was burned in a restaurant bathroom on his father's visitation day. I am suing the restaurant and just learned today that the restaurants insurance company told my Lawyer that the parents already received money. I did not get any money so I am assuming my ex received it. What can I do now? is he legally allowed to accept money on my son's behalf? What happens now to my law suit?


Asked on 7/13/07, 8:15 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: law suit for minor child

Your story doesn't quite add up, which leads me to conclude that either you are mistaken or someone is misleading you. In cases involving minor children, any settlements have to be approved by a judge through an infant's compromise order. No judge would permit an infant case to settle without notifying the custodial parent.

Why not just ask your lawyer what's going on and let him explain it to you? He can look up the case and see what happened or get a copy of a cancelled check from the insurance carrier to verify if the case was in fact settled.

Good luck!

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Answered on 7/13/07, 8:23 pm


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