Legal Question in Personal Injury in Illinois

Last year my daughter broke her leg falling off my deck. She was in a body cast for 6 weeks. Her father is now trying to sue my landlord. He claimed he is her legal guardian, she is permanently disfigured and disabled and has continuous medical bills. Which is all lies. He just wants money. He's asking $50,000. He has never lived here. I am her guardian, she has no problems, and I have the medical card so even I haven't seen a medical bill. He has a lawyer and my landlord was already served papers. What can we do? Can't he get in trouble for lying?

Asked on 9/15/13, 9:28 am

3 Answers from Attorneys

Joseph Brabender Brabender & Chiang LLC

If you are not a party to the lawsuit, then you will likely only be a witness. Your job will be to testify truthfully and let him worry about his own possible lies. Any money recovered would be the property of your daughter and her father would have no right to it. It would be protected by the probate court.

Generally either parent can bring a lawsuit on behalf of their child.

If you have further concerns, hire a lawyer.

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Answered on 9/15/13, 10:13 am

Chen Kasher Chen Kasher

You will probably be subpoenaed as a witness. If your testimony is that adverse, the case will be dropped. Does your landlord have insurance? They will rip this case apart.

Disclaimer: not advice; I am not your attorney.

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Answered on 9/15/13, 10:41 am
Charles Candiano Candiano Law Office

As with ANY law suit, you MUST be able to prove your damages. Apparently, you ex will not be able to do that.

If your daughter WERE injured, NOBODY would get any money except Medicaid and your daughter. The money would be held in trust and could only be accessed if the Court signed off.

So, your assertion that your ex is looking for money is wrong. Whether $50.00 or $500,000.00, he would see $0.00, even if he WERE her guardian.

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Answered on 9/15/13, 12:07 pm

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