Legal Question in Personal Injury in Florida
cerebal palsy
my granddaughter has cerebal palsy, from severe head trauma, due to an automobile accident. My daughter settled for $100,000. At that time she was under the influence of drugs & clearly was not thinking of the lifelong disability of her baby. Can this case be re-opened by me, due to her neglect of the baby, I am legal guardian of the child, mother is in jail on drug charges.
1 Answer from Attorneys
Re: cerebal palsy
It depends. The rules do not allow a mother to settle a claim on behalf of a child for $100,000 UNLESS a guardian ad litem has been appointed to examine the proposed settlement and to report, in writing, to the court which thereafter must review the evidence and determine whether or not to approve the settlement. If those rules were followed correctly, it is very very unlikely that you could get the settlement overturned. If the rules were not followed correctly, then you may be able to do so.
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