Legal Question in Personal Injury in Wisconsin

Re: Car accident settlement involving minor children

Wisconsin law requires that any settlement made on behalf of a minor child must be approved by the court, with the minor child being represented by a lawyer appointed by the court to act as the child's guardian ad litem. The statute is Wis. Stat. sec. 807.10 (2000). The statute was enacted to make sure that the rights of children are protected and that insurance companies are not allowed to take advantage of children.

You certainly have the right to hire a lawyer to protect the rights of your children. That lawyer would then be appointed as the guardian ad litem by the judge.

Any recovery on behalf of a minor is to be protected for the use of that minor after the minor reaches the age of majority (18). The parents remain responsible for providing the care for the minor child during the child's minority. In order to protect the money for the child, the courts usually require that a probate case be filed, with someone (often a parent or both parents) appointed to act as the guardian(s) of the estate of the child, or the court sometimes orders that the money must be deposited into a restricted bank account that prohibits the money being withdrawn by anyone until the child reaches the age of majority.