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svatnsdal · Apr 11, 2008, 05:26 PM

I'm wondering if it's possible to ever undo the outcome of a very high law suit? We are talking about a law suit that ended up over one million, and the person affected, had zero say due to being a minor when the accident happened. However, that person well in her 20's when the law suit ended. :confused:

Fr_Chuck · Apr 11, 2008, 05:33 PM

I would assume perhaps someone else may better understand,

The person who was a minor, were they the ones that would owe the money, or would they be the ones that would get the money?

They would have been represented though a guardian until they were of age, once they became an adult that relationship of a guardian would have ended and they would have taken over their own representation though their attorney at the point they became a adult long before she was 20.

If for example they were the ones to pay, the courts could rule that because they were a minor at the time of the event, the guardians could also still be held liable.

The result is that no one can tell you exactly what a court will do, if it was there easy there would not be two sides, no trial people would just go to a clerk who would decide and that would be the end of it.

svatnsdal · Apr 11, 2008, 10:39 PM

The person who was a minor was the one suing.

They did everything on their own, unless they needed a guardian signature, then their parents signed. Yes, the parents were there, but they stood back and let the minor make their own choices, never forced them to do a thing!

Now the rest is my question. The majority of the law suit was when the minor was not a minor! The minor made all her own decisions and chose her own things, until an offer came in. That is the only point the parents, or guardians, did something without going to her first.

In the end, it was done in court, with a judge. Close to the end is where the party being sued offered a deal. The lawyer was very happy with it, hey what lawyer wouldn't be when they get a #%*! Load of money! And the lawyer knew the victim would say no, so went to the parents, guardians, to get them to sign the papers to say yes!

So, can the victim undo it?

JudyKayTee · Apr 12, 2008, 07:28 AM

Originally Posted by svatnsdal

The person who was a minor was the one suing.

They did everything on their own, unless they needed a guardian signature, then their parents signed. yes, the parents were there, but they stood back and let the minor make their own choices, never forced them to do a thing!

Now the rest is my question. The majority of the law suit was when the minor was not a minor! The minor made all her own decisions and chose her own things, until an offer came in. That is the only point the parents, or guardians, did something without going to her first.

In the end, it was done in court, with a judge. Close to the end is where the party being sued offered a deal. The lawyer was very happy with it, hey what lawyer wouldn't be when they get a #%*! load of money!? And the lawyer knew the victim would say no, so went to the parents, guardians, to get them to sign the papers to say yes!

So, can the victim undo it?

In the US at least when the person became of legal age the names of the parents and natural guardians should have been removed from the lawsuit, occasionally by Court Order, and from that point on the former minor, now of legal age, is the only Plaintiff.

If the person was of legal age the parents/natural guardians should not have been allowed to sign on his/her behalf - they had no legal standing.

So the "victim" make a Motion on just those grounds and the Court reviews the settlement. The "victim" has to keep in mind, however, that the next offer/settlement may be less than the first.

And if the lawyer settled "short" because he/she wouldn't say no to whatever his/her share of the amount of money was and the "victim" can prove it, then the Attorney has committed a malpractice.

svatnsdal · Apr 12, 2008, 01:21 PM

Yes, but that's why I'm asking for people who know Canadian law. We are very different in some area's.

JudyKayTee · Apr 12, 2008, 01:48 PM

Originally Posted by svatnsdal

Yes, but that's why I'm asking for people who know Canadian law. We are very different in some area's.

It's the same -

Fr_Chuck · Apr 12, 2008, 04:24 PM

Yes, the person who was the minor should be able to contest and appeal.
Now this may also depend on what the exact papers said, did the parents sign for the child as guardians, or did they sign as part of the suit.
So the status of the parents in the suit may be the difference

JudyKayTee · Apr 12, 2008, 05:08 PM

Originally Posted by Fr_Chuck

Yes, the person who was the minor should be able to contest and appeal.
now this may also depend on what the exact papers said, did the parents sign for the child as guardians, or did they sign as part of the suit.
So the status of the parents in the suit may be the difference

If the suit was "Mr and Mrs Jones as Parents and Natural Guardians (P/N/G) of John Jones and Mr and Mrs Jones individually" the settlement would have been in two parts - one for the child and one for the parents.

When the child reached majority it would become Mr and Mrs Jones as P/N/G; John Jones.

And if the suit was Mr and Mrs Jones as P/N/G of John Jones - and they were not named Plaintiffs - at the age of majority the Attorney would request the change to the name of John Jones without P/N/G status.

My original advice, I believe, was correct.

Fr_Chuck · Apr 12, 2008, 05:15 PM

I do agree Judy, the poster was just so "hateful" in the reported post that we deleted, that my only though was that if the parents were a party to the lawsuit they could agree.
Or if the law suit appointed them with power of attorney for some reason.

But I just have trouble beleiveing an attorney would do this, the attorney could be sued, even lose their license if they were a party to some fraud

And of course if people who were not authorised to sign, signed, the agreement would not be binding.

svatnsdal · Apr 12, 2008, 05:40 PM

Originally Posted by Fr_Chuck

I do agree Judy, the poster was just so "hateful" in the reported post that we deleted, that my only though was that if the parents were a party to the lawsuit they could agree.
Or if the law suit appointed them with power of attorney for some reason.

But I just have trouble beleiveing an attorney would do this, the attorney could be sued, even lose thier license if they were a party to some fraud

And of course if people who were not authorised to sign, signed, the agreement would not be binding.

In this form of a law suit, the minor is always a minor. What was done was completely legal, no there was no fraud or anything. The lawyer in charge of the suit was one of the highest lawyers in this form of law. It was a structured settlement outcome. No a minor can ever appeal it. I have been told by a fellow lawyer that it could be possible to pay another lawyer to take it back to court and fight to undo it, but most likely it would cost close to the same amount won, 1.2 million.

In Canada, a minor has to have a guardian sign to file anything in court. In this type of law suit, the parents are in charge, but the victim's parents let their child make most decisions due to it being her life. The parents could file the law suit even if the minor says no, that is the way it is. It was just at the very end where the lawyer got the parents aside and convinced them to end it this way, he knew the victim would disagree.

This was a law suit filed in 1991 and didn't end until 1997. The victim and father do know law and have found loops to jump through to get some things done. There's loop holes in every law. Long story there, but the victim is back to thinking about hiring a lawyer to take it back to court. It is known it would take a long time and a lot of money. I'm just looking for Canadian lawyers who may have some idea's as to how to do it quicker and cheaper.

I am grateful for your words of wisdom, but there is quite a few differences with this.