Under what circumstances can a person file a lawsuit on behalf of a minor as a "next friend" of the minor?
My ex has filed a lawsuit on my daughter's behalf (she was bitten by my mother's dog). He filed as her next friend, and everything I've seen regarding "next friends" makes it look like it's only for when there is no guardian, or the guardian is one of the negligent parties. Wouldn't I, as her custodial parent, automatically be her guardian (full physical, sole legal)? And since it wasn't my dog, how would I be negligent?
So, do I just not understand the whole "next friend" thing, or is this a potential opportunity to squash this case?
I already have a settlement agreement with her homeowner's insurance, we were just waiting for a probate court date to have it ok'd by a judge. My ex just wants to get his hands on her money, and now I have $11,000 in bills in my name from her surgery that can't get paid until I get that insurance money, so that's why I want to get his lawsuit over with ASAP.
Answers:
You need to consult with a lawyer in your State as soon as possible to "get it over with as soon as possible"; as you are the custodial parent, unless he can prove you are neglient, he has not grounds for a suit; however, the suit won't go away on its own and you need your own attorney to take up the cause and your fight.
do you have your own lawyer regarding the settlement as it certainly sounds very fishy to me, some sods will crawl out the wood work each and every time money is involved.
get REAL legal advice asap as this might ruin the real valid claim.
regards and I hope that your daughter is doing well.
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