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.
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