Who Protects The interest of the Child in an Accident?
Posted by
Christina MedlinApril 27, 2007 10:06 AMWho Protects the Interest of the Child in a Accident: Role of the Guardian Ad Litem in a Personal Injury Action
A guardian ad litem (GAL) is a special guardian appointed by the court to represent the interests of a minor. In personal injury actions the GAL is appointed by the court to protect the interest of the minor IN the litigation surrounding the personal injury action. However the GAL is not an attorney or a party to the suit; the GAL is merely an officer appointed by the court to protect the minor's interest.
A GAL is appointed in personal injury actions when a conflict of interest may arise between the parent and the minor. For example, in a personal injury case, when parents may be persuaded to settle quickly, this may not be in the best interest of the child and therefore a GAL would be appointed to speak for the child in the settlement discussions.
In most personal injury cases a GAL is appointed to protect the minor's interest in a settlement agreement from a personal injury action. The GAL reviews the settlement agreement to ensure that the agreement is fair, reasonable and in the minor's best interest. The GAL reviews the agreement however; the court gives final approval of the agreement, making it binding on both parties. Judicial approval is the final step for a GAL. The duties of the GAL are complete after the settlement is approved by a judge or a conflict of interest no longer exists.
Generally speaking a GAL must:
1. Evaluate the minor's damages,
2. Evaluate the adequacy of the settlement amount,
3. Evaluate the proposed apportionment of the settlement proceeds among the interested parties,
4. Evaluate the proposed manner of disbursement of the settlement proceeds,
5. Evaluate the amount of the attorney's fees charged by the minor's attorney.
Comments summarized from The Ambiguous Role and Responsibilities of a Guardian Ad Litem in Texas in Personal Injury Litigation, 51 SMU L.Rev. 161 (1997)