Motor vehicle accidents are the No. 1 killer of children under 14 in the U.S., according to the Centers for Disease Control and Prevention (CDC). When a car accident involves a child injury, it’s important to ensure the child’s rights are protected in any ensuing settlement or litigation. In fact, Florida law requires that the court appoint a guardian ad litem to represent the child’s interests in any settlement agreement involving a gross figure of $50,000 or more.
Courts are given discretion to appoint a legal representative for settlements with lower dollar amounts, but F.S. 744.3025 requires that it be done when the amount reaches that $50,000 threshold.
This was a central issue in the recent 4th DCA case of Allen v. Montalvan. This was a tragic accident in which a grandmother was killed, and her adult daughter, minor son and three minor grandchildren were injured to varying degrees when their vehicle was struck by a drunk driver. Continue reading →