Often, Personal Injury Attorneys are retained to file actions to recover damages as a result of injuries incurred by a minor. In order to file a cause of action, an adult must be appointed as either the Conservator or the Next Friend for the minor (see MCR 2.201(E)(1)). A Guardian is not an appropriate fiduciary for [...]
PRE AND POST SUIT SETTLEMENT Attorneys are often confused as to whether the trial court or probate court has jurisdiction for a personal injury settlement in which the Plaintiff is a minor, legally incapacitated individual or deceased estate. Let's help clarify the manner in which to handle a pre-suit settlement and a post-suit settlement. Pre-Suit [...]
