Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Health Justice topic
No spam. Unsubscribe anytime.
Committee hears proposal for court-appointed advisors in settlements involving brain injury
Summary
Senate File 3019 would require courts to appoint an attorney-advisor or guardian ad litem to review civil settlements where a party has a brain injury; proponents said the extra review aims to ensure settlements account for lifelong care needs, while defense groups raised concerns about duplicative counsel and costs.
Senate File 3019, presented April 2, would authorize courts to appoint an attorney advisor or guardian ad litem to review proposed civil settlements in which a party has a brain injury so the court could evaluate whether the settlement protects the injured person’s long-term interests.
Senator Ron Latz introduced the bill and said it would bring an additional “set of eyes” to settlement review. Jeff Nachbar, public policy director for the Minnesota Brain Injury Alliance, said many people with serious brain injury face lifetime care needs that settlements should address and that independent review could help “maximize what is available to folks with brain injury before they have to impoverish themselves.”
Joel Carlson of the Minnesota Association for Justice raised questions about the bill’s scope and mechanics. He asked whether the requirement would apply to represented parties and whether appointing a court-paid adviser could create conflicts or reduce net recovery for injured parties by increasing professional fees. “If they are represented by counsel are we creating a conflict between counsel and the court appointed attorney?” Carlson asked.
Senators discussed possible guardrails. Supporters said the bill was modeled on prior structured-settlement protections and that the drafter placed a $3,000 cap in the bill as an upper limit for the advisory review to limit cost. Sponsor proponents said the intention is to deploy advisors where they add independent expertise — including certified life planners with experience estimating long-term care costs for brain injury — and to apply the approach to both structured and lump-sum settlements as appropriate.
Committee members expressed concerns about application to all cases and the potential to reduce settlement proceeds through additional fees. Several senators asked for additional drafting and fiscal analysis; the committee laid the bill over for possible omnibus inclusion.
Speakers quoted are limited to those who testified on this bill.
