Chapter 21 - The civil claim for Tyler
A guardian ad litem for Tyler reviewed potential civil claims arising from the pool incident.
Against Amanda personally.
Against homeowner insurer.
Potentially against me as property co-owner? Strange but possible.
No need child suing dad emotionally. Insurance lawyers analyze.
The GAL’s job:
Protect Tyler’s financial interest.
Homeowner insurer agreed to mediation.
Coverage issue:
Amanda’s intentional staging could trigger exclusions.
But resulting bodily injury from negligent/reckless conduct had complicated coverage.
Rather than litigate years, insurer offered:
$210,000 structured settlement for Tyler, subject court approval and release of covered household liability claims.
Could that include claims against both parents under policy? Yes.
I felt guilty.
“Am I paying my son because my pool was unsafe?”
GAL said:
“This is insurance resolving disputed legal exposure. Do not personalize the mechanism.”
Court reviewed.
Medical expenses mostly health insurance.
Future therapy.
No permanent physical impairment established.
Settlement approved:
Net after fees/costs around $158,000 placed into protected minor account.
Not cash to me.
Not punishment jackpot.
Then Claire.
She had separate potential claim for confinement and emotional harm.
Insurer offered:
$45,000.
GAL/attorney negotiated:
$62,000 gross.
Net protected for Claire after fees.
No one became rich.
No public revenge.
Then Amanda’s personal contribution?
Policy settlement did not require her to pay huge amount.
She had criminal consequences already.
Then hospital bills/subrogation.
Resolved within settlement accounting.
No magical full amount.
Then Claire asked:
“Is that money because Mom locked me up?”
I said:
“It’s money the court is protecting for you because something happened that caused harm.”
“Can I buy a horse?”
“No.”
She frowned.
May you like
“Then what’s the point?”
Nine-year-olds understand justice differently.
