One of the things I love about the law is that we still use Latin. One Latin phrase we use often is "Ad litem" which literally translates to "for the suit". A Guardian ad litem is a guardian, appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy or otherwise. In other words, because a minor is legally unable to file a lawsuit on her own behalf, an adult must be designated to file on her behalf and act in her interest.
Most commonly, a parent can be the guardian ad litem for the purpose of filing a lawsuit and even negotiating a settlement, but when it comes to actually settling the case, the child has an additional safeguard, the Settlement Guardian Ad Litem (SGAL).
The SGAL is usually an attorney, appointed by the Court to review a proposed settlement between an insurance company and a minor to make sure it is actually in the best interest of the child. The SGAL will almost always review the file and interview the attorney, the parent and the minor. He will then generate a report summarizing the case, the settlement and the final disbursement of settlement proceeds and make a recommendation to the Judge. The SGAL will almost always recommend that the Court approve the settlement unless it is grossly unfair, or if the child is still having significant problems, in which case it probably makes sense to wait before settling.
I often find parents are a little put off by the idea of some stranger reviewing their child's claim. They shouldn't be. Most SGALs are well respected attorneys who truly care about the well being of children in our community. Their goal is not to undermine a parent's authority, but to join the parent in protecting the child. When the child is represented by an attorney experienced in children's claims, this process can go very smoothly, and the attorney, parent and SGAL work as a team to insure the child's interests are fully protected.
Ultimately, absent special circumstances, the child's net recovery is placed in a blocked account, which cannot be accessed until his 18th birthday.
For more information about claims on behalf of minors, or for any information regarding personal injury claims, please visit our website, send me an email or call me at 206-720-1501.
