Submitted by Dorry on Fri, 10/14/2011 - 09:24
My daughter was injured in a car accident where there are several possible people I could sue, like the driver of her car and the driver of the other car. If we decide she should sue how will that work? Is it possible for a minor to sue for injuries in Massachusetts on her own or do we need to have a guardian appointed to make the claim and deal with a lawyer or is that something I can do for her?
Law suit by minor for injuries
Typically, in the type of situation you describe, the parent, or someone who has already been appointed as the child's legal guardian will help the child pursue the claim. You can talk to some MA personal injury attorneys to discover how they will handle the situation, but it is common for the parent or guardian to sign the contingency agreement on behalf of the minor. Under Massachusetts law, if the minor, or any incompetent person, does not have a guardian, then a personal injury claim may be brought by a person acting as "next friend" (again, typically the parent) or by a court appointed guardian ad litem. See Rule 17(b) of the Massachusetts Rules of Civil Procedure and G.L. c. 201 §34.
If the claim is successful, or if a settlement is reached, the court will be concerned about making sure the money is actually going to the minor, and not to the parents. To that end, many judges, before approving any settlement, will require that a structured settlement, trust, or other instrument be used to protect the child's money until he or she reaches adulthood. Hope that helps.
Accident Injuring Daughter
Sorry to hear about this. I hope your daughter will be okay. If you (or her) have not already done so, it is very important to immediately notify the insurance company covering the driver of the car your daughter was in to report the accident and answer questions about the details. The insurance companies involved will investigate and work together to determine fault and arrange to pay to repair any damage and, probably, for any resulting injuries to your daughter (and others). They will want medical bills provided and may require she submit to independent medical evaluation to assess her injuries.
During this process it often makes sense to have a lawyer involved on your/her behalf to ensure all rights are fully protected and the insurers handle the claims (and damages/injuries) properly and fairly. The more serious the damages/injuries, the more important it is to have an attorney looking out for you. Without an attorney, it is possible the insurers might not offer the real, fair value of the injuries suffered, knowing you have no real way to judge this while unrepresented.
In many such injury cases, attorneys will agree to handle the case on a contingency fee basis, where the legal fee would only be paid if/when proceeds are recovered on your/her behalf (and be a percentage of the amount recovered). However, every case must be evaluated on its merits and a contingency fee arrangement is not certain or guaranteed. I would be pleased to discuss this with you free of obligation if you would like. Regardless, I wish you/her the best of luck and a speedy recovery! Craig Tiedemann, Esq.