How should I handle my child's automobile case

Lucas Foust:
Hi, this is Lucas Foust from Foust Law Office and I'm here to answer a quick question. The quick question I am answering today is one I receive from parents. I receive this question from parents whose children might have been in the vehicle when they were in a car crash. Handling a child's case is a little bit different than handling an adult's case in a number of ways. First, in some instances it's important that a child obtain what's called a guardian ad litem, or have a guardian ad litem appointed by the court. This usually involves when there are serious injuries to a child. This is because a child's interests may be different than the parents' interests, which might seem kind of strange, of course you want to see your children healthy and do well, et cetera. But in some instances a child may actually have a claim against his or her parent, and to evaluate that it's necessary to have a neutral third party, who's not the child's attorney, look at the case. That person is usually called a guardian ad litem, and that guardian ad litem is appointed by the court.

Lucas Foust:
In addition, a child may require the appointment of a conservator. Now a parent can function as a conservator, but that appointment must be approved by the district court judge, To answer some of the questions, some additional questions that you might have about protecting your child's case, or your child's claim, I recommend that you download our book Abandoned on the Road: A Guide to Insurance Law in Montana. I also recommend that you maybe give us a call, because at Foust Law Office we believe that an informed client is a better client.