In a Maryland personal injury case the minor child's next friend, typically a parent, has the authority to settle a case on behalf of the minor child. The authority for this power is found in
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 6-405 (2011)
§ 6-405. Settlement of suit by infant
a) In general. -- Any action, including one in the name of the State, brought by a next friend for the benefit of a minor may be settled by the next friend.
(b) Limitation. -- If the next friend is not a parent or person in loco parentis of the child, the settlement is not effective unless approved by the parent or other person responsible for the child.
(c) Where no parent or other person responsible. -- If both parents are dead, and there is no person responsible for the care and custody of the child, the settlement is not effective unless approved by the court in which the suit was brought. Approval may be granted only on the written application by the next friend, under oath, stating the facts of the case, and why the settlement is in the best interest of the child.
If you have questions regarding injury to a minor child or any other matter involving the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339 we will discuss your case over the phone at no cost to you.
Monday, February 27, 2012
Tuesday, February 14, 2012
Maryland Injury Lawyer
Future Loss Income for Disabled minor child:
The scenario is a minor child's brain injury and the claim for lost future earnings as a result of that disability. Evidence produced at trial first identified the injuries sustained. Subsequently an expert offered testimony of the probability that the child's future accomplishments would be limited by his disability resulting in a high school education and as a result limited earning capability. As compared to the probable accomplishments the child would have reached based upon his mother's educational background and the income he would have realized as a college graduate had he not encountered the disabilities. The expert testifyed that deficits will limit his ability to work in jobs suitable to the education he likely will be able to attain, thus resulting in his being a disabled worker.
In such instances the expert would be called upon to offer expert testimony about average earnings and a comparison of the amount of future earnings that minor child will not enjoy due to his disabilities.
If you or someone you know has the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339. We will discuss your case over the phone at no cost to you.
The scenario is a minor child's brain injury and the claim for lost future earnings as a result of that disability. Evidence produced at trial first identified the injuries sustained. Subsequently an expert offered testimony of the probability that the child's future accomplishments would be limited by his disability resulting in a high school education and as a result limited earning capability. As compared to the probable accomplishments the child would have reached based upon his mother's educational background and the income he would have realized as a college graduate had he not encountered the disabilities. The expert testifyed that deficits will limit his ability to work in jobs suitable to the education he likely will be able to attain, thus resulting in his being a disabled worker.
In such instances the expert would be called upon to offer expert testimony about average earnings and a comparison of the amount of future earnings that minor child will not enjoy due to his disabilities.
If you or someone you know has the need for a Maryland injury lawyer please feel free to call my office at 1-888-760-7339. We will discuss your case over the phone at no cost to you.
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