Settling a personal injury claim for a minor is different from settling a claim for an adult because a minor cannot sign a contract, which is why there is need for a Guardian Ad Litem. As a result, the courts use what is called a friendly suit to resolve settlements involving minor children.
A Friendly Suit is essentially a lawsuit between the person who caused injury to the minor and the representatives of the minor. Once the friendly suit is filed, the judge then appoints a Guardian Ad Litem.
The Guardian Ad Litem is an independent attorney who works to quickly and effciently structure a deal that is truly in the best interest of the child. Because of intricacies involved, this position requires an experienced personal injury lawyer. Following the Guardian Ad Litem’s investigation, there is a hearing where they present their findings and observations related to the minor’s personal injury to the judge and then advise the judge whether they approve or disapprove of the proposed settlement. The judge then decides in favor of or against the proposed settlement.
The attorneys at the Kuzmich Law Firm proudly accept Guardian Ad Litem appointments to represent the interests of minor children in personal injury civil lawsuits. Protecting the interests of the children in these personal injury civil suits is of paramount importance to us. As each case is unique, we do not simply “rubber-stamp” a proposed settlement for a minor child, but instead provide a candid and honest opinion for each case. If you require more information on a personal injury claim involving a minor, please contact Kuzmich Law Firm to discuss.
Steve Kuzmich is a Board Certified – Personal Injury Trial Lawyer by the Texas Board of Legal Specialization. The Kuzmich Law Firms’ focus practice areas are auto and trucking accidents, wrongful death and other serious injuries, injuries caused by drunk drivers, injuries to children and the elderly, (slip and fall accidents) premises liability, and dog bite cases. For further information about personal injury litigation, contact us today at 972.434.1555.