Legal Question in Personal Injury in Louisiana

I have had a friend living with me for several days because his parents kicked him out just before his birthday in Janurary 2010. My friend is seventeen years old and was in a wreck while my twenty-four year old boyfriend was driving to take him to see his mother for mother's day, because he had fallen asleep at the wheel. My friend's parents are trying to sue my boyfriend's insurance company to get more money even though the past four months before the wreck, my friend had been kicked out and trying to make enough money for an emancipation. My friend was also refusing to give his signature on any of the documents stating he is handing the case over to anyone. He then tells me he found the packet of legal documents with his signature that he never signed and truly believes that his mother or sister has forged his signature on the documents. What can he do? Can his parents still go through with this after forging a seventeen year old's signature? Seventeen is the age of consent in Louisiana, shouldn't this mean something with this case?

Asked on 5/25/10, 6:35 am

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

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Seventeen is a strange age. A 17 year old is not quite a child, but still not an adult. For the purposes of being represented in court, he is still a minor and only his parents can represent him and/or sue on his behalf. He can't even sue on his own behalf, but only through his parents. They don't need his signature. The fact that he was "going to be emancipated" doesn't mean anything, really. A child either is or is not emancipated. There is no such thing as "sort of emancipated".

If the child does not believe he was injured, though, all he has to do is to testify to that under oath. That will end the matter quickly. They can't move forward with a personal injury claim if he testifies that he was not injured.

Answered on 5/25/10, 11:23 am

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