What is Guardian ad Litem?

What is a guardian ad litem in personal injury law?

A guardian ad litem (GAL) is a person appointed by the court to represent the best interests of a child or legally incompetent adult during a lawsuit. In personal injury cases, a GAL may be appointed to make legal decisions, approve settlements, and ensure the protected person’s rights are fully safeguarded. The GAL acts independently from the parties in the case and must report to the court about what outcome best serves the individual they represent. This role helps ensure that vulnerable parties have an advocate focused solely on their welfare.

• Court-appointed representative for vulnerable individuals.
  
  
• Acts in best interests of child or incapacitated adult.
  
  
• Common in personal injury settlements.
  
  
• Independent from other parties.
  
  

When is a guardian ad litem appointed?

A GAL is typically appointed when a minor is involved in a lawsuit, or when an adult is deemed legally incompetent due to injury, illness, or disability. This can happen at the start of a case or when it becomes clear that the person cannot make informed decisions. The GAL steps in to participate in legal proceedings, communicate with attorneys, and help the court evaluate settlements.

• For minors in lawsuits.
  
  
• For legally incapacitated adults.
  
  
• Appointed early in litigation or as needed.
  
  
• Helps court assess settlement fairness.
  
  

Why is a guardian ad litem important?

Without a GAL, vulnerable parties might be pressured into unfair settlements or fail to understand complex legal issues affecting their rights. The GAL ensures that decisions made during litigation truly benefit the person they represent and comply with court requirements. They also provide a written report to the judge detailing their recommendations.

• Protects against unfair settlements.
  
  
• Ensures rights are upheld.
  
  
• Provides objective, court-guided advocacy.
  
  
• Strengthens judicial oversight.
  
  

What authority does a guardian ad litem have?

The GAL can investigate facts, review evidence, and consult with experts to determine what serves the person’s best interests. They may also negotiate on the person’s behalf, recommend or reject settlement offers, and testify in court about their findings. However, their authority is limited to the scope defined by the court’s appointment order.

• Can investigate and gather facts.
  
  
• May recommend or reject settlements.
  
  
• Can testify in court about best interests.
  
  
• Powers limited to court’s instructions.
  
  

Conclusion:
A guardian ad litem is a safeguard in the legal system that ensures minors and legally incompetent adults are represented fairly and their interests are fully protected in personal injury cases.