It was reported last week by the Louisiana Record that the parents of an infant filed a lawsuit on behalf of their daughter earlier this year against the Pearlie Hardin Elloie Head Start Center in New Orleans. The parents, Shana Every and Dominick Green allege that the Defendant daycare center walked away instead of supervising their child, causing her to fall off a table an severely injured her skull. They contend that their daughter sustained acute personal injuries to her head including continual seizures and aggravation of Angelman syndrome, a neuro-genetic disorder responsible for seizures and developmental disabilities.
The lawsuit claims there has been: a breach of a duty (failure) to protect the minor child, supervise the minor child, hold the minor child, secure the minor child with the proper equipment and properly train staff to monitor the minor child. Mr. and Mrs. Green seek an unspecified amount in damages for pain and suffering, mental agony, disabilities, medical expenses, decline in future income and loss of enjoyment of life on behalf of their infant.
Complications of Filing Lawsuits On Behalf Of Your Children
As if personal injury cases are not already complicated enough, suing on behalf of a minor child comes with specific rules that would not otherwise apply to adults. Parents have the right to initiate legal action on behalf of their children because infants and minor children are presumed to lack the capacity to enter into contracts or legal actions. However, courts remain very protective of children and what is in their best interests.
A. Guardian Ad Litem
Parents or legal guardians are designated the guardian ad litem for their children in a suit. This simply means they are guardians appointed to direct litigation on behalf and in the interests of a person otherwise incapable of managing their affairs.
B. Minor’s Compromise Petitions
Even in their capacity as Guardian, courts require that parents sign a “Minor’s Compromise,” which is required in every state. This is a document that upon settlement of the lawsuit tells the court how much money the Defendant has agreed to give your child. The money must be kept in trust until the child reached the age of majority, and the trustee of the account must also be designated. The Court will have to approve it before settlement can be finalized, and this is to ensure no parent is taking advantage of his or her child’s situation.
C. Structured Settlements
Typically, damages for injuries to minor also come in structured settlements (periodic payments instead one lump sum) so as to reduce the risk that anyone will embezzle, misuse, or withhold large sums of money belonging to the injured claimant.
Get Legal Help for Personal Injuries
Injuries caused by negligence cause substantial hardship on the victims as well as their loved ones. Harrell & Nowak has zealously represented people or people whose children who have suffered personal injuries in litigation against tort easers. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and a success rate of 90% in our litigation. We will give each client the attention they deserve for each case. If you have or a loved one has been injured contact our New Orleans personal injury law firm today for a free, confidential consultation.