Legal Question in Personal Injury in New York

You have no authority to sign for a minor without court consent.

It is true that the law requires the court�s consent to settle an injury claim on behalf of a minor. Regardless, I would not recommend that you sign any release forms even if you have intention of pursuing a claim. It is impossible to predict the future may bring. You should protect your child�s interest and file a notice of claim with the district and any other applicable governmental agency that may be involved. You have only 90 days to file this claim or you will forever bar your child�s rights to pursue a claim in the future. This should be done even if you are unsure whether you would actual bring a lawsuit arising from this incident. This is solely a precautionary matter. Since the injured person is a minor, the statute of limitation is extended until they reach 18 years of age plus 2. This is the best way to protect your child even if you believe the incident was relatively minor at this point.

Best wishes,

Wait a month or two and see whether your daughter requires any further medical treatment, or has continuing complaints. If, after that time, it appears she has a serious injury, contact a lawyer. I would recommend you sign nothing at this point. Best, M. E. Zuller

I agree with the other attorneys.

There is no need for you to sign

any documents at all. Your daughter

may have a case in which case you

will probably have to file a notice of claim

within 90 days of the accident.

An experienced personal injury attorney

could probably guide you and tell you your

options. Best wishes for your daughter. Good luck.

It is critical that you refuse to sign any release forms or any forms for that matter without an attorney reviewing them first. Follow up with your daughters care is vital as serious injuries sometimes do not present themselves until a month or more after the accident. A thorough follow up with an orthopedic, neurologist and her primary care doctor and the proper diagnostic tests are of paramount importance.

Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT as soon as possible. You can also visit us on the web at www.1800wefight.com. We have convenient locations all over New York and can even have an attorney come to you.

I look forward to fighting hard for your rights.