Minors in Oklahoma cannot initiate a lawsuit. When a minor, for example, has an auto accident claim that requires litigation, the lawsuit is brought by the minor’s parents. The parents, in the context of litigation, are referred to and named in the lawsuit as “next friend.” At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as “next friend” on behalf of the minor.
Even if a settlement is offered in an auto accident and/or wreck, however you like to phrase it, the child’s claim will most likely be “friendly suited” to protect the insurance company once the child turns 18. This “friendly suit” is a hearing in front of a judge to determine whether the settlement is meritorious and the judge can then decide whether to allow the settlement.
If you or your minor child has been injured in a car wreck in Oklahoma, please call the attorneys at Nix & McIntyre. I hate to see a child taken advantage of by an insurance company trying to rob them of their needed recovery.
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