Court Approval of
Minor's Settlement 

Because the law seeks to protect the interests of the child, and does not want parents spending their child's settlement funds on themselves (which, unfortunately, can happen), Florida law has developed guidelines for court approval of settlements and appointment of legal guardians in specific cases where the gross settlement amount (i.e. before attorney fees, costs, health liens, etc. are subtracted) exceeds a certain amount and when the net recovery to the child rises above certain amounts.

Florida Law Governing Settlement
of Children's Tort Claims

• If the gross settlement amount equals or is less than $15,000.00 and settlement is reached before the filing of a lawsuit, then court approval is not necessary.  IN this instance, the claim can be settled by parents and natural guardians without court approval.
• If the gross settlement exceeds $15,000.00 but the net recovery to the minor equals $15,000.00 or less, then the claim can be settled by parents and natural guardians with court approval, but without appointment of a legal guardian of the property/funds.
• If the gross settlement exceeds $15,000.00 and the net recovery to the minor is greater than $15,000.00, the court requires court approval of the settlement as well as a guardian to be appointed to oversee the property/funds. The court may also require a guardian ad litem -- often an independent attorney without any association to the accident injury claim -- to review the terms of the settlement and attest that the settlement is in the best interests of the child.
• If the gross settlement is equal to or greater than $50,000.00, then court approval of the settlement is required. A minor guardianship of the property if the net recovery to a minor exceeds $15,000.00, then the court requires appointment of a guardian ad litem unless the court has separately appointed a Guardian of the Property having no adverse interest to minor.

Generally, if a lawsuit is pending, then regardless of settlement amount, court approval of the settlement is necessary.  Whether or not a lawsuit has been filed, in proceedings involving court approval of minor settlement claims, approval is obtained through the Probate Court.

Contact an experienced child injury lawyer at the Harris Law Firm. We have handled child injury claims from moderate to severe to catastrophic, and know the steps required for seeking court approval of the minor's settlement.

Because Principle Does Matter. ^SM
Vision. Values. Justice. ^SM

Terms: child injury lawyer child injury claim settlement of minor's tort claim court approval of minor's settlement