I received a question from the concerned mother of a seven year old who was hurt in a car accident. She wanted to know if she can sue for her child and how much an attorney should charge.
The answer is that the parents or guardian of a child can absolutely file a claim and a lawsuit against the wrongdoer. In Philadelphia, the complaint is generally filed in Orphan's Court. The suit proceeds essentially the same way as any other lawsuit. Lawyers' fees are capped by statute at Twenty Five Percent of the recovery. If a lawyer tries to charge more than that, he or she is not following the law.
No case on behalf of a minor can settle until a Judge of the Orphan's Court approves the settlement. The lawyer must file what is known as a minor's compromise - which is basically a written document setting out the nature of the case, important background about the child and his or her parents or guardians, and ultimately asking the Judge to sign an Order that the case may settle. No Judge will approve a settlement if the lawyer tries to take more than twenty five percent, which is a nice safeguard built-into the system.
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