Pursuant to SPR 98.16W, a Settlement Guardian ad Litem (SGAL) is appointed in settlement of every claim involving an unemancipated minor or a disabled or incapacitated person as defined by RCW 11.88. Minor Settlement forms can be found at the King County Superior Court website http://www. metrokc.gov/kcscc/minor.htm and are available in .pdf or .doc format.

No, the Parents Don’t Get the Money

A typical accident scenario involves children in a parent’s car at the time of an accident. The children’s legal interests and injuries are different than those of the parent/driver. The parent/driver and sometimes counsel, mistakenly assume that the settlement offer can be approved by the parent and the settlement money can be managed by the parent. This is not the case and can come as a surprise to the parent unless PI counsel carefully explains the role and function of the SGAL.

Role of the SGAL

The SGAL investigates and evaluates the settlement offer by using the “best interest” standard. Are the best interests of the minor child or incapacitated person met by the offered settlement? The SGAL report is required within 45 days of appointment.

The SGAL report includes a summary of the recommended settlement amount, the details of the investigation including a description of the incident and cause of action, the injuries sustained with the diagnosis, treatment and prognosis, recoverable damages, liability issues of each potential defendant, insurance and assets available to satisfy the claim, and an overview of the liens and subrogation issues.

Additionally, the SGAL report addresses apportionment and adequacy of the proposed settlement, the reasonableness of the expenses and fees including the SGAL fees, the disposition of the net proceeds, whether the minor or incapacitated person should be present at the hearing, and whether settlement approval is sought in other jurisdictions.

SGAL Required Information

To investigate and evaluate the offered settlement, the SGAL usually should review written and oral 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 should usually request, if not previously provided by counsel upon appointment to the case, the following information:

• Health insurance and/or PIP information (if any) and detail on which expenses have been paid;
• The status of the settlement negotiations;
• Proposed settlement breakdown for the parties;
• Complete contact information on all parties, their counsel, and the Claims Adjuster (defendant/insurance company);
• Detailed information on the insurance policies involved, claim number, policy limits, etc.;
• Detailed information on the damages, liens/subrogation, liability, litigation, defenses, etc.;
• All relevant pleadings;
• Police traffic collision report, if any;
• Insurance adjuster report;
• Damages research, if any;
• Medical assessment and medical statement regarding prognosis and course of treatment, preferably by a licensed medical doctor (M.D.);
• Mediation summary, if any;
• Washington State Insurance Commissioner correspondence, if any; and
• Retainer Agreement.

Blocked Accounts Until Age 18

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 subject to structured settlement and/or are held in trust for the affected person with distribution and administration subject to court oversight.

SGAL Registry

In King County, the SGAL registry is administered by the GAL registry manager, Beth Custer. Each year, the SGAL registrants re-apply to the Superior Court for inclusion on this particular registry. Appointments are by rotation. Mandatory training is required and those CLE courses are offered by the King County Bar Association.