Need advice.

My son was hit by a truck when he was 3. We sued and there was a Trust fund set up that he could access when 21. He is now 21 and lawyer contacted him and said he would just go to the bank and get the check and then my son could meet him and get it. It went in at $5000 and after 18 years incurring interest he says the amount is only $6000. He said he’s not getting back as much as he should because the bank lost the paperwork. I told him to get the bank info, name, account. When he meets him to get the check and he was told he can’t get any bank statements cause he waived any further dealings or something like that. What do we do?

Asked on March 21, 2018 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Prior to retaining an attorney, your son should contact the bank and try to obtain the bank statements himself because that story about the bank losing the paperwork is not credible.  If your son is unsuccessful in trying to obtain the bank statements, he should retain an attorney to obtain the bank statements.  Based on the bank statements, your son may have a case for suing the first attorney for fraud.  If a lawsuit for fraud is warranted, your son should also contact the State Bar of Colorado and file a complaint against the first attorney.


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