In Florida personal injury cases involving minors or legally incapacitated adults, courts often appoint a guardian ad litem (GAL) to represent the best interests of the injured individual. While many are familiar with the term from family law disputes, its function in the personal injury context is distinct and critical in ensuring fair and just outcomes—especially when settlements or litigation decisions could significantly impact someone who cannot legally advocate for themselves.

Below, we explore how guardians ad litem function in Florida’s civil court system, when their involvement becomes necessary, and how their role influences the outcome of a personal injury claim.

What Is a Guardian ad Litem?

A guardian ad litem is a court-appointed individual—typically an attorney—tasked with protecting the interests of a person who is unable to represent themselves due to age, mental incapacity, or other legal disability. This individual is not the same as a legal guardian or parent; their role is limited in scope and specific to the case in which they’re appointed.

In personal injury claims, a GAL does not act as a legal representative pursuing compensation but instead evaluates the fairness and adequacy of proposed settlements or litigation outcomes on behalf of the incapacitated party.

When Is a Guardian ad Litem Appointed in Florida Personal Injury Cases?

Under Florida Statutes Section 744.301(2) and Florida Rule of Civil Procedure 1.210(b), a guardian ad litem may be appointed in any case where a minor or incapacitated person stands to receive compensation from a lawsuit or settlement. A GAL is routinely required in these scenarios:

• A minor is receiving a settlement exceeding $15,000
• A proposed settlement may not fully align with the minor’s or incapacitated person’s long-term needs
• There is a potential conflict of interest between the minor and their legal guardian or parent
• The court requires independent oversight to verify that any proposed agreement is in the injured party’s best interest

While the appointment is not automatic in every personal injury case, judges have discretion and often err on the side of caution when a vulnerable party is involved.

Key Responsibilities of the Guardian ad Litem

Once appointed, the GAL conducts an impartial investigation to determine whether the terms of the proposed settlement or litigation outcome are appropriate and serve the injured person’s best interest. Their duties typically include:

• Reviewing medical records and future care needs
• Evaluating the settlement amount in light of current and future damages, including pain and suffering, lost earning potential, and medical expenses
• Interviewing relevant parties, including family members, attorneys, or doctors
• Assessing any conflicts of interest that may exist between the injured person and their representatives
• Reporting findings to the court, often in the form of a written recommendation

This report is given significant weight in judicial decisions. In many cases, a judge will not approve a personal injury settlement involving a minor unless the GAL explicitly supports it.

Why Courts Take GAL Recommendations Seriously

Florida courts have a duty to protect those who cannot protect themselves. When a child or incapacitated adult is involved, judges must ensure that settlements or verdicts are not simply expedient but genuinely beneficial for the individual’s long-term well-being.

GALs are seen as neutral advisors, free from the emotional or financial interests that parents, guardians, or even attorneys might carry. Their input helps the court assess whether the proposed terms are reasonable and whether any red flags have been overlooked. If a GAL raises concerns, the court may require renegotiation of the settlement or appoint additional oversight before finalizing the agreement.

How Guardians ad Litem Are Chosen

In Florida, courts often appoint experienced attorneys as GALs in personal injury cases. While the role can technically be filled by a trained layperson in other types of cases, such as dependency or family court, personal injury matters require a stronger grasp of liability, damages, and medical implications.

GALs are typically selected based on their background in civil litigation or child advocacy. Both parties in the case may have an opportunity to agree on a candidate, or the court may assign someone directly from a list of qualified individuals.

Do GALs Have the Final Say in a Personal Injury Case?

No. A GAL’s role is advisory, not authoritative. They submit a recommendation to the court, but the final decision rests with the judge. However, judges rarely go against a well-supported GAL report unless there is compelling evidence to justify it.

If a GAL objects to a settlement, it does not automatically block the deal—but it does prompt additional scrutiny. The parties may need to revise the settlement terms, offer further evidence, or agree to protective measures, such as structured settlements or trusts, to address the concerns raised.

Impact on Case Timeline and Legal Strategy

Appointing a GAL can extend the timeline of a personal injury case, as their investigation and court review process take time. However, the long-term benefit often outweighs the short-term delay, especially in high-stakes cases involving young children or individuals with permanent disabilities.

From a legal strategy perspective, attorneys should anticipate a GAL’s involvement when representing minor or incapacitated clients. Building a strong case, supported by medical experts and clear evidence of damages, not only helps achieve fair compensation but also ensures smoother approval from both the GAL and the court.

The Role of Structured Settlements and Trusts

In cases involving minors, GALs often recommend structured settlements or the establishment of a special needs trust. These tools help ensure that the injured party’s compensation is protected and used for its intended purpose—whether that’s covering long-term care, future education, or daily living expenses.

Structured settlements provide periodic payments over time, rather than a lump sum, reducing the risk of funds being misused or mismanaged. A GAL may work with financial professionals to evaluate these options before making their recommendation to the court.

Conclusion

The presence of a guardian ad litem in a Florida personal injury case acts as a safeguard for those who cannot represent themselves. While their appointment adds an extra step to the legal process, their involvement helps ensure that vulnerable individuals receive fair, thoughtful, and protective outcomes.

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Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

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