Bodily injury law suite involving step-son?

My wife is the primary custodian of her son, who was in an accident in March. She and I advises him not to get involved in any legal action against the vaulty party as long as the medical bills and transportation to the hospital where paid. Against her wishes his father obtained a lawer and have been without our knowledge been pursuing a bodily injury case against the insurance company of the person at fault. Sence then we have been placed responisble for the unpaid medical expenses and are have been sent to collection for them along with his father, whom I might add has bad credit anyway. The insurance company will not pay any of these until the suite is settled. What do we do? Does his mother have any say in the representation of her son? Can we make them drop the suite? Her son also played football in jr. high this fall, with his hurt neck, which hasn't been treated sence June and from our observations had only bumps and bruses. Should we go to the insurance company with this information, which would give them reason to go after them for maybe fraud? What do we do to protect us as well as him? His father would get any funds from the suite not him?

Dear Randy;

According to your wifes divorce decree, does she and the ex-husband have "joint custody" of her son? If so, he may be within his rights to seek damages for his child, IF THE CHILD SUFFERED INJURY FROM THE ACCIDENT. On the other hand, if the child did not sustain injuries which may be the cause of future medical bills, the ex is trying to de-fraud the insurance company, and that is illegal.

Read the divorce decree/judgement carefully. If your wife was given sole custody with only visitation privileges for her ex, it should stipulate who is responsible for making decisions of this nature. If it doesn't, according to which state you are in, he may be within his rights.

If you feel the ex is trying to de-fraud the insurance company, contact the attorney who is filing on behalf of your son. Explain to him that you and your wife did not consent to the action and the ex-husband is not authorized to make the decision to pursue a legal claim on his behalf.

As for the medical bills you are receiving, give them to the attorney that the ex-husband hired to file the case. It is his responsibility to notify the providers that a lawsuit has been filed, and they will be paid once the case is settled or a judgement is entered. Should they continue their efforts to collect from you, contact them and give THEM the address, name, and phone number of the attorney who is filing.

Your wife may also petition the court in this matter, should your son be awarded monetary compensation. You can ask that the money be put into a trust fund for the minor, and only he can withdraw it at a particular age. (Usually 21, I think in most states.) That way, the ex has failed in his attemps to collect money from his sons misfortune.

Seek the advice of a personal injury attorney and let him/her guide you in this matter. A consultation is usually free, and he may be willing to intervene and assist.

Best of luck to you and your family!