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