Legal Question in Personal Injury in North Carolina
if a civil case was voluntarily dismissed by guardian. when the minor turns 18 can they re file the case?
1 Answer from Attorneys
It depends on the nature of the case, and whether any releases were signed, and on whether the judge approved any settlement. If you are referring to a civil case for bodily injury (or other claim) of a minor, then normally those result in an Order approving a settlement as well as releases signed by the parents and guardian. If this occurred, then the minor cannot refile the case. (And this could also include the Guardian filing a "voluntary dismissal.") If, however, this procedure was not followed, then the minor may be able to re-file. You probably need to take the paperwork to an attorney and have him or her review the actual documents at issue for you. There are other types of procedures in which minors have guardians, and they each have different procedures and ramifications.