Do Minors Have the Right to File a Personal Injury Claim?
If a minor is injured in an accident and has a valid personal injury claim, it is the usually the mother or father of the minor that is the one bringing the claim. I represent minors who have been injured in accidents and when I meet with them for the first time, it is the parent or “next friend” whose name is actually listed on the contingency fee agreement, as well as any other paperwork that is signed.
Also, in Massachusetts, upon settling a personal injury claim for a minor, a prudent lawyer always seeks to obtain court approval for the settlement. Many judges today want to be sure that the settlement proceeds that belong to the minor will not be spent by the parents. Judges usually like to see a structured settlement or other similar vehicle that protects the minor’ s money until the child reaches the age of majority. Without such safeguard to protect the child’s money, many judges will refuse to approve the settlement.
Also, if a minor lives in Massachusetts, but has been injured outside of Massachusetts, a claim can still be brought as well.