Auto accident lawyer in baltimore Marc Atas explains who can settle a claim on behalf of a minor? Who can sue on behalf of a minor?

Every auto accident lawyer in Baltimore knows in the State of Maryland there are two different rules that apply when bringing a claim on behalf of a minor. The rule differs depending upon whether the claim is settled by the auto accident lawyer in Baltimore without filing suit or it becomes necessary for the auto accident lawyer in Baltimore to file suit.

When a claim is brought by a auto accident lawyer in Baltimore on behalf of a minor and is settled without a suit being filed the procedure is straight forward as long as the claim is being settled by a parent. For settlement of a claim by an auto accident lawyer in Baltimore not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Maryland Code, Insurance Article, § 19-113.

(a)  In general.- A parent of a minor or person in loco parentis of the minor may settle a claim under a liability insurance policy brought by the parent or person in loco parentis for the benefit of the minor.

(b)  Payment of settlement.- The payment of a settlement of a claim made under this section for the benefit of a minor shall comply with Title 13, Subtitle 4 of the Estates and Trusts Article.

If it is necessary for a auto accident lawyer in Baltimore to file suit in order to settle a claim, then the procedure is covered by Maryland Rule of Civil Procedure 2-202. Who has the capacity to sue on behalf of a minor?

(b) Suits by individuals under disability. An individual under disability to sue may sue by a guardian or other like fiduciary or, if none, by next friend, subject to any order of court for the protection of the individual under disability. When a minor is in the sole custody of one of its parents, that parent has the exclusive right to sue on behalf of the minor for a period of one year following the accrual of the cause of action, and if the custodial parent fails to institute suit within the one year period, any person interested in the minor shall have the right to institute suit on behalf of the minor as next friend upon first mailing notice to the last known address of the custodial parent.

In addition for settlement of a claim in suit on behalf of minors, see also Code, Courts Article, § 6-405. 

(a)      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)      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)      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.

Maryland Rule of Civil Procedure 2-202

Section (c) Settlement of Suits on Behalf of Minors.

(1) Generally. Subject to subsection (c)(2) of this Rule, a next friend who files an action for the benefit of a minor may settle the claim on behalf of the minor.

(2) Approval of Court.

(A) If the next friend is the only living parent of the minor, the settlement need not be approved by a court.

(B) If the next friend is not the only living parent of the minor, the settlement must be approved (i) by each living parent of the minor, or (ii) after a reasonable attempt at notice to each living parent and an opportunity for a hearing, by a court.

(C) If there are no living parents of the minor, the settlement must be approved by a court.

(D) A motion for court approval shall be filed in the court where the action is pending.

Cross reference: For settlement of suits on behalf of minors, see Code, Courts Article, § 6-405. For settlement of a claim not in suit asserted by a parent or person in loco parentis under a liability insurance policy, see Code, Insurance Article, § 19-113.

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