What Is a Minor “Prove-Up” Hearing in a Personal Injury Case?
A minor prove-up hearing is a court proceeding designed to protect the interests of a child in a personal injury settlement. When a minor is involved in a case, the court may appoint a guardian ad litem, an independent attorney who does not represent either the plaintiff or the defendant. Their job is to review all aspects of the proposed settlement and ensure that it is fair and in the best interest of the child.
Why Is a Prove-Up Hearing Necessary?
The prove-up process exists to prevent conflicts of interest. While a parent or guardian acts as a next friend representing the child, there is a legal safeguard to ensure that the settlement is not finalized for reasons other than the child’s welfare. The guardian ad litem reviews the settlement terms, any supporting documents, and the total amount of compensation to determine whether it truly benefits the child.
What Happens After the Hearing?
If the judge approves the settlement, the funds are typically placed in a trust account that accrues interest until the child turns 18. This ensures that the money is preserved and available for the child’s future needs. In some cases, a parent or guardian can petition the court to access these funds early, but usually only for essential expenses such as medical care or education.
