Here at Davis Law Group, we represent a lot of accident victims involving children. These are tragic cases because the victims are so young and vulnerable. What most parents don’t know is that Washington law requires that all child injury settlements must be approved by the Superior Court.
Washington’s law states that in every settlement of a minor’s claim, whether filed in court or not, the Superior Court shall determine the adequacy of the proposed settlement and decide whether to reject or approve it. To assist the court in determining whether a minor child settlement is reasonable, the court will also appoint a Settlement Guardian ad Litem (SGAL).
Usually, the SGAL is an experienced attorney.The SGAL has the job of investigating the facts of the case, reviewing records and pleadings, interviewing the parents or legal guardians, and then determining whether the amount of the settlement is reasonable.
After the SGAL’s investigation is concluded, he or she must then make a recommendation to the court on whether the settlement should be approved or rejected.A court hearing is then scheduled so the judge can formally decide whether the settlement is approved.Usually the child’s attorney, the SGAL, parents (and sometimes the child) must appear at the hearing to answer the judge’s questions or concerns.
The court may rely heavily on the SGAL’s recommendation about whether to reject or approve the settlement.Sometimes more than one hearing is necessary if the case is complex or if there are unusual issues that must be worked out.
There are costs associated with the court approval process.The SGAL has to be paid for his or her time.Filing fees or other incident costs may be incurred.Usually the negligent party’s insurance carrier will agree to pay for these costs and fees.Sometimes the judge or commissioner who decides whether the settlement should be approved may also order that an insurance company must pay for the costs.
The child’s attorney usually does not get paid extra for the additional work involved in the court approval process.The attorney’s fee is usually paid from the settlement recovered on behalf of the child.
For more information about child accident claims, including those involving auto accidents, medical malpractice or wrongful death, contact the Davis Law Group, or request a free copy of Mr. Davis’ published book “Little Kids, Big Accidents” to learn more about the child injury claims process and legal procedures involved. [1] See SPR 98.16W.
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