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Guardian Ad Litems in Personal Injury Cases

If a settlement is reached in a personal injury lawsuit, the trial court may appoint an ad litem for the interest of the minor or incapacitated person.  Typically, personal injury claims for minors or incapacitated persons are prosecuted by their next friends (generally the parents) pursuant to Tex.R. Civ. P 44. Tex. R. Civ. P. 173 provides for appointment of a guardian ad litem  when both the minor or incapacitated person and the next friend have separate claims for settlement funds in a per...read more