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can I still be a plantiff

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socaldadlegal

Junior Member
What is the name of your state (only U.S. law)? california

my son was in a car accident and suffered moderate injuries. my exwife and he filed a lawsuit without me involved. I carry his medical insurance through my job and have taken him to all his appointments and payed all of the copayments. he was 17 when it happened and is now 18. the lawsuit was filed when he was 17. we have joint custody. can i be a plantiff on this lawsuit?
 


racer72

Senior Member
I can think of only one rea$on you want to be a party to the law$uit. Any award$ given ba$ed on the law$uit would only go toward$ the damage to the vehicle and to pay the medical bill$. Any payment for pain and $uffering would belong to your $on only.
 

socaldadlegal

Junior Member
the suit is still pending. my son asked me to find out what is going on so, I made a call to the representing lawyer yesterday and my exwife freaked out. she came at me with venom and hate. imagine that..lol. the suit was filed with both of them as plantiffs before he turned 18. one more thing is my 17 yr old daughter is also a plantiff. she suffered very little injury but injury non the less. a mild concussion and bumps for her. my son went through the windsheild as a passenger in his friends car. he spent a couple of days in the hospital. the accident was 13 months ago and i just had another piece of windsheild sirgically removed from his head a couple of weeks ago.they were racing another uninsured motorist who ran from the scene and was picked up later for fleeing and DUI. trying to figure out what my options are and if the lawyer will even call me back and give me any information. we have joint custody of both children. Since he is now 18, I realize he is on his own with what he wants to do. do i have any rights to know in regards to my daughter being a plantiff as well? both my kids and i have a very good relationship and they consult with me on everything they do.
 

ecmst12

Senior Member
All you are entitled to here is reimbursement of any money you actually spent for your childrens' bills. ANYTHING beyond actual damages belongs to the injured party alone.
 

socaldadlegal

Junior Member
thank you ecmst. I'm fine with my children getting their fair settlement. I have spent over $500 on copayments for office visits and physical therapy, not to mention travel costs. The ex has paid $0 for anything and has taken them to 0 appointments. What can i do to insure reimbursement? I have all of the records to go with it and can prove milage as well, if that matters.
 

CourtClerk

Senior Member
And for clarification...

is mom an actual PLAINTIFF, or is she the GAL for the plaintiff (which would to someone who has no clue look like she's a plaintiff)...

because MINORS can't be plaintiff's all by themselves.
 

socaldadlegal

Junior Member
get new representation

If my son is not satisfied with the response and communication of his existing ambulance chaser, can he drop the current suit and get a new lawyer?
 

ecmst12

Senior Member
He can certainly look for another lawyer but he will have to pay the first one for the time he put into the case.
 

CourtClerk

Senior Member
If my son is not satisfied with the response and communication of his existing ambulance chaser, can he drop the current suit and get a new lawyer?
Sure he can... but if I were your son, I wouldn't be taking this kind of advice from my father...

because this line of thinking could potentially cause his lawsuit to go straight in the trashcan.
 

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