Actions on behalf of minor children are brought through a Guardian Ad Litem, usually the parent. Note that many people, including attorneys, make the mistake that a settlement can be approved by the parent and the settlement money can be managed by the parent. Pursuant to SPR 98.16W, a Settlement Guardian ad Litem (SGAL) is appointed in settlement of every claim involving a minor as defined by RCW 11.88. To investigate and evaluate the offered settlement, the SGAL usually discusses and reviews records from the attorney, medical providers and guardians. Plaintiff's counsel is responsible for providing information to the SGAL which should include all relevant pleadings. Additionally, the SGAL usually requests, if not previously provided by counsel upon appointment to the case, the following information: o Health insurance and/or PIP information (if any) and detail on which expenses have been paid; o The status of the settlement negotiations; o Proposed settlement breakdown for the parties; o Complete contact information on all parties, their counsel, and the Claims Adjuster (defendant/insurance company); o Detailed information on the insurance policies involved, claim number, policy limits, etc.; o Detailed information on the damages, liens/subrogation, liability, litigation, defenses, etc.; o All relevant pleadings; o Police traffic collision report, if any; o Insurance adjuster report; o Damages research, if any; o Medical assessment and medical statement regarding prognosis and course of treatment, preferably by a licensed medical doctor (M.D.); o Mediation summary, if any; o Washington State Insurance Commissioner correspondence, if any; and o Retainer Agreement If the net value of the settlement is under $25,000, the money is typically deposited into a blocked bank account subject to withdrawal by order of the court when the minor reaches the age of 18. Larger amounts are typically held in trust for the minor with distribution and administration subject to court oversight. You should seek the help of a qualified attorney immediately.
Answered on Nov 18th, 2013 at 9:11 AM