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SF 3019

Attorney adviser or guardian ad litem provision in settlement agreements for cases where a party has a brain injury

2025-2026 Regular Session Introduced by Ron Latz

Requires attorney advisers or guardians ad litem in settlement agreements for brain-injured parties to protect vulnerable individuals from inadequate settlements.

Referred to Judiciary and Public Safety
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Bill Summary · SF 3019

Legislative bill overview

SF 3019 requires that settlement agreements in legal cases involving a party with a brain injury must include provisions for an attorney adviser or guardian ad litem to protect the interests of the brain-injured party. The bill ensures independent legal representation or oversight during settlement negotiations to safeguard vulnerable parties who may have cognitive or decision-making impairments resulting from brain injury.

Why is this important

Brain injuries can significantly impair judgment, memory, and decision-making capacity—yet settlements often involve complex financial and legal terms that require careful evaluation. Without independent oversight, brain-injured parties may unknowingly accept inadequate settlements or agreements that fail to protect their long-term needs, potentially leaving them without sufficient resources for ongoing medical care and support.

Potential points of contention

  • Cost and practicality: Mandating attorney advisers or guardians ad litem adds legal costs to settlements, potentially reducing net compensation for injured parties or making defense easier for defendants
  • Scope and triggers: Unclear how "brain injury" is defined and who determines when a party qualifies, risking either overreach into all cases or underprotection of those with mild but significant injuries
  • Due process concerns: Some may argue mandatory third-party oversight infringes on settlement autonomy and parties' right to make their own legal decisions, even if impaired

Compiled from official sources — confirm details with the bill’s official record.

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