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Ad litem is a Latin phrase that translates to “for the suit.” It refers to a legal process where the court appoints someone—often an attorney—to bring or defend a legal action on behalf of another person who cannot represent themselves. Typically, this applies to children or adults who are incapacitated and unable to make legal decisions on their own.
The most common scenario for an ad litem appointment is in cases involving a child who has been injured in an accident. In these cases, the child’s parents or guardians may also have their own legal claims for losses like:
Meanwhile, the child would have their own separate lawsuit that addresses their personal experience of the injury. Damages for the child could include:
Because a child is not legally capable of making decisions or entering into contracts, the court will often appoint a third party—usually a guardian ad litem—to make decisions for the child and represent their interests.
In many personal injury cases, especially those involving children, the guardian ad litem plays a critical role, particularly when a settlement is reached. The guardian’s main responsibility is to ensure that the settlement is in the child’s best interest. This often involves reviewing the terms of the settlement and the details of the case, and then making a recommendation to the court about whether the agreement should be approved.
In most cases, this is a routine procedure, and the guardian ad litem will endorse the settlement because both the parent’s and the guardian’s interests align—to ensure the child receives the full compensation they need. However, in rare situations, the guardian ad litem may discover that a proposed settlement is not in the child’s best interest. In such cases, the guardian can play a vital role in advocating for a more just outcome.
The guardian ad litem may also assist parents in determining how the settlement funds should be allocated for the child’s benefit. Since the law generally doesn’t allow direct payment to a minor child, the funds may need to be placed into a trust or annuity that the child can access when they reach adulthood (usually age 18). The parents or guardians are typically appointed as the administrators of the trust, and they must periodically report to the court about how the funds are being used.
While ad litem appointments are most common in cases involving children, they are also critical when an injured adult is deemed incapacitated or unable to make legal decisions due to their injuries or preexisting conditions. In these cases, a guardian ad litem ensures that the incapacitated individual’s rights are protected and that any settlement reached addresses both their immediate and long-term needs. This can include arranging for ongoing medical care, ensuring proper allocation of settlement funds, and advocating for the injured person’s best interests when they cannot do so themselves.
If your child has been injured in an accident, you’ll likely need the help of a guardian ad litem to ensure that their rights are fully represented. At Bert McDowell Injury Law, we can guide you through the legal process and work with a guardian ad litem to make sure your child receives the full resources they need for a healthy future.
If you have questions or need assistance with a personal injury case involving a child, contact us today for a FREE consultation. Call (475) 231-3274 or fill out the form on this page to get started.
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