Chapter 25 - My case against Diane
The civil case against Diane remained.
Her insurer covered only limited negligence portions.
Intentional misconduct exclusions left substantial personal exposure.
Our economist did not invent millions in lost lifetime earnings for a four-year-old with no established permanent disability.
Claims focused on:
Past medical care.
Past and expected therapy.
Pain and suffering.
Punitive damages where permitted.
Diane’s attorney proposed settlement:
$275,000.
We demanded:
$600,000.
Mediation.
Her finances mattered.
House equity.
Nonprotected investment account.
Retirement assets partly protected.
Could a verdict exceed collectability?
Yes.
Would years of litigation help Noah?
Maybe not.
Then Diane offered:
$425,000.
Plus payment of additional verified therapy costs up to $25,000 over two years.
No confidentiality about underlying facts already public in court.
No contact condition? Civil settlement should not replace court order, but can include agreement she won't seek visitation during probation and for a set time after? Could be.
She agreed not to file another visitation petition during probation and for twelve months afterward unless both parents initiated contact.
No waiver of future court jurisdiction beyond enforceable contract scope.
Daniel wanted more money.
I wanted finality.
Then he surprised me.
“No. I want her to pay enough that this is real. I don’t want Noah’s childhood to become our retirement plan.”
We accepted:
$425,000 plus capped future therapy contribution.
Court approved Noah’s portion through minor settlement procedure.
Some of my derivative expenses reimbursed separately.
Diane sold investments.
Not her house.
No poverty theater.
No revenge foreclosure.
The case closed.
One conflict remained.
Not money.
May you like
Contact.
What would happen after probation?
