In Alabama, there are special requirements for lawsuits involving a minor plaintiff. If the parties reach a settlement agreement, they must have the settlement approved by the court. The court, by reviewing the evidence in the case, must determine that the settlement is in the best interest of the child. All the requirements listed below also apply to plaintiffs who are mentally incapacitated.
Motion for Pro Ami Hearing
Once the parties reach a settlement agreement, either the plaintiff or the defendant must file a Motion to Set a Pro Ami Hearing. This notifies the court that a settlement agreement has been reached.
Guardian ad Litem
Next, one of the parties must file a motion to appoint a guardian ad litem (a Latin term which translates to guadian for the suit). A guardian ad litem is a specially trained attorney who essentially acts as an advocate for the child. He or she is an independent attorney, not associated with the plaintiff or the defendant.
The court selects the guardian ad litem. The guardian ad litem reviews the case and interviews the minor and the minor’s guardians. After a full investigation has been conducted, the guardian ad litem makes a recommendation to the judge as to whether the settlement is in the best interest of the minor.
Pro Ami Hearing
All parties must attend the pro ami hearing, including: Plaintiff’s counsel, the minor Plaintiff, the minor Plaintiff’s next friend and/or guardian, the guardian ad litem, and Defendant’s counsel.
The court hears testimony from the minor, the minor’s next friend and/or guardian, and the guardian ad litem. The court considers the nature of the case and the minor’s claimed damages.
If the court determines the settlement is in the best interest of the child, it approves the settlement.
Settlement Amount
If the total settlement amount is $5,000 or under, a court may allow the money to be paid directly to the minor’s guardians, with strict orders that the money may only be used in the best interest of the minor. See Ala. Code § 26-2A-6. However, this is at the discretion of the court, and the court may order the parties to put the settlement funds in an interest-bearing account until the minor reaches the age of 19.
If the total settlement amount is over $5,000 the settlement funds (minus attorney fees and expenses and medical bills) must be paid to the court. The court will put the settlement funds in an interest-bearing account, which the minor can access when he or she reaches the age of 19.
For more information about the pro ami process and how to protect your clients, please contact me or any other member of our litigation team.
Maggie C. Key is an associate in the firm’s Birmingham office. She represents her clients in various legal matters including retail and premises liability, transportation, and insurance cases. Maggie also represents bars, restaurants, breweries, and hotels in Dram Shop lawsuits and assists clients with regulatory and licensing matters before the Alabama Beverage Control Board.
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