Under Massachusetts law, minors do not have the capacity to file a claim on their own behalf. When a minor is injured, their parent or legal guardian may bring a claim on their behalf. The parent or legal guardian will represent the minor, and is often referred to as “parent and next friend” of the minor.
What are my Responsibilities as the Parent or Guardian of a Minor During the Injury Claim Process?
If you and your minor child are represented by counsel, your attorney will communicate with you directly about your child’s claim. You may be asked to do a variety of things on behalf of the minor, including:
- Signing a Contingent Fee Agreement;
- Signing Medical Authorization Forms so that your attorney may obtain the minor’s records and bills;
- Reviewing and signing Answers to Interrogatories if a lawsuit is filed;
- Authorizing the settlement of a claim and signing releases (if the claim is resolved before trial); and
- Generally communicating on behalf of the minor.
Filing a Lawsuit
If the claim is not settled pre-suit and litigation begins, the parent or guardian can file a Complaint on behalf of the minor, as parent and next friend. The lawsuit will proceed as any other personal injury lawsuit would, with the parent or guardian acting on behalf of the minor.
What Happens When a Minor Reaches the Age of Majority During Suit?
If your child turns 18 during the course of a lawsuit, they can be substituted by a motion filed in court as an individual party to the action. The case will then proceed as it did before and a new lawsuit will not need to be filed.
The newly adult plaintiff will then be able to sign a Fee Agreement, medical authorization forms, and all other documents on their own behalf, and will have the right to make decisions in the case.
Minor Settlement Approval
In Massachusetts, if a settlement is agreed to on behalf of a minor in an amount equal to or greater than $10,000.00, an insurance company will require that suit be filed (if not already done) so that a judge may review the minor settlement petition after a hearing. The judge will consider the facts of the case, the settlement agreement terms, and how the settlement funds will be protected until the minor reaches adulthood before making a decision to either approve or deny the settlement, keeping in mind the best interests of the minor.
An experienced attorney like the ones at SUGARMAN can help guide parents and minors through this process from start to finish. SUGARMAN attorneys have decades of experience advocating for injured persons to ensure they recover maximum damages. If you or a loved one has suffered injury as the result of an accident, you may be entitled to compensation. To learn more, speak to one of our principals today by calling 617-542-1000 or email us at .