When a minor is injured in Alabama and a legal settlement is proposed, the court must approve the settlement through a process known as a “pro ami” hearing. This ensures that the settlement is in the best interest of the minor. If you’re navigating a pro ami matter, understanding the timeline and what to expect can help alleviate uncertainty. Here’s an overview of the typical steps involved in an Alabama pro ami case.
Step 1: Filing the Petition for Pro Ami Hearing
After reaching a settlement, the minor child’s attorney files a petition with the court to approve the settlement. The petition typically includes:
Details of the incident and injury.
The proposed settlement amount.
Step 2: Appointment of Guardian Ad Litem
The court appoints a guardian ad litem to represent the minor’s best interests. The guardian ad litem is typically an attorney who acts as an independent advocate for the minor. Their role includes:
Reviewing the evidence and settlement terms
Meeting with the minor and the minor's parent and/or legal guardian
Ensuring that the proposed settlement is fair, reasonable, and in the minor’s best interest.
Providing a written report to the court with their recommendations.
The guardian ad litem’s involvement helps the court make an informed decision about the settlement.
Step 3: Scheduling the Pro Ami Hearing
The court schedules a pro ami hearing, often within a few weeks of the petition being filed. The timeline may vary depending on the court’s schedule and the complexity of the case.
Step 4: The Pro Ami Hearing
At the hearing, the judge reviews the proposed settlement to ensure it is fair and in the minor’s best interest. The judge may:
Ask questions of the attorneys, the guardian ad litem, the minor, and the minor’s legal guardian.
Review evidence.
Verify that the attorney’s fees and costs are reasonable.
The judge approves or denies the settlement during or after the hearing. If approved, the settlement becomes binding.
Step 5: Distribution of Funds
After court approval, the settlement funds are distributed according to the judge’s order. In most cases:
Attorney’s fees and costs are paid first.
Medical bills and liens are satisfied.
The remaining funds are deposited into a court-approved account or trust for the minor’s benefit until they reach the age of majority (19 in Alabama).
Step 6: Final Reporting
The minor’s attorney may file a final report with the court detailing the distribution of funds. This step ensures compliance with the court’s order and closes the case.
Key Considerations for Minors and their Guardians
Prepare for the hearing: Guardians, and if possible Minors, should be ready to answer questions about the minor’s injury and their understanding of the settlement.
Understand fund restrictions: Settlement funds for a minor are typically restricted until they turn 19. Guardians must comply with these restrictions.
Consult with your attorney: The minor’s attorney can guide you through the process and ensure the minor’s interests are protected.
Conclusion
A pro ami matter in Alabama involves several critical steps to ensure that a minor’s settlement is fair and in their best interest. By understanding the process and working closely with your attorney, you can navigate the legal requirements and secure the best possible outcome for the minor.
