QUESTION

What kind of attorney would I need for this case?

Asked on Dec 15th, 2015 on Guardianship and Conservatorship - Arizona
More details to this question:
My son was bit by a dog a little over 10 years ago. After his mother sued, she won a settlement from the insurance company for the homeowners where the incident occurred. The money was supposed to remain in a trust account until he turned 18. He turned 18 this past April and her response is that she spent the money and that she has taken care of him his whole life. Added that if anything, he owes her money. I'd like to help my son recoup his money and have photographs of his face after the bite and the homeowners are also willing to testify on his behalf. Please advise.
Report Abuse

1 ANSWER

Your posting indicates several legal issues.  If your son received a settlement while under 18 it is very likely that the Court and insurance company required it be held in a conservatorship.  You should have had legal notice of this at the time.  There may be a court record.  The Maricopa County judges are quite strict about these funds being maintained for the child when he turns 18.  There are some occassions where the court may have required it be held past 18. Your son will be able to bring a claim if this was not handled properly by his mother.  If the underlying claim was not fully settled in regard to the dog bite, he may still be able to pursue funds in a personal settlement action with the HOA or dog owner.  This sometimes happens with children's cases because the full extent of injuries and scarring may not be able to be addressed until the child is older.  It is also possible that you have a claim through family court.  This will depend on whether the matters above were addressed in family court documentation and orders.  There are some strict timelines that apply.  As your son turned 18 in April, you both are encouraged to get a consult immediately.  Our firm handles family, conservatorship, and civil litigation matters.  We have assisted with a number of dog bite cases, including when a child emancipates and has the opportunity to excercise further rights.  At an initial consult we can get more detailed information.  Marie Zawtocki, Attorney  Zawtocki Law Offices, PLLC 480-655-0733
Answered on Dec 21st, 2015 at 9:23 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters