What Is a Guardian ad Litem in a Personal Injury Case?
A guardian ad litem (GAL) is an independent attorney appointed by the court to protect the interests of a minor involved in a personal injury settlement. Unlike the plaintiff’s attorney or the defense attorney, the GAL does not represent either party but instead ensures that the minor’s rights and best interests are fully protected.
Why Is a Guardian ad Litem Needed?
When a minor is involved in a personal injury case, they are usually represented by a next friend, often a parent or guardian. The next friend handles the case on behalf of the child, including negotiating settlements. However, since there is a potential conflict of interest—the next friend could prioritize their own interests over the child’s—the court appoints a guardian ad litem to review everything objectively.
The GAL examines all documentation, evidence, and settlement offers from both the plaintiff and the defense. They provide the judge with a professional opinion on whether the proposed settlement truly serves the child’s best interests.
How the Process Works
Once the guardian ad litem completes their review, a minor prove-up hearing is held. During this hearing, the judge evaluates the GAL’s recommendations, confirms that the next friend agrees, and ensures that the settlement protects the minor. After approval, the settlement funds are typically placed in a court-managed trust account that accrues interest until the child turns 18.
In certain cases, the next friend can petition the court to access some funds earlier for essential expenses such as medical care or education. This ensures the child’s immediate needs can be met while still safeguarding their long-term financial interests.
