Lawsuits Brought by Minors in Massachusetts

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has a personal injury claim that requires litigation, the lawsuit is brought by the minor’s parents.  The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend."  At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.