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Short answer: In West Virginia, a minor’s personal injury settlement normally requires court involvement to protect the child’s interests. The usual process includes appointing a guardian or guardian ad litem, filing a petition asking the circuit court to approve the settlement, providing supporting documents (medical records, settlement agreement, proposed distribution plan), attending a court hearing, and obtaining a court order that approves the settlement and directs how funds are held or distributed.

This is educational information, not legal advice. Consult a licensed West Virginia attorney for advice about a specific case.

Detailed Answer — step-by-step overview under West Virginia practice

1. Retain an attorney experienced with minor settlements.

   An attorney who handles personal injury cases involving minors will evaluate liability and damages, negotiate with insurers or defendants, and prepare the documents the court expects when asking for approval. Many plaintiffs’ attorneys work on contingency in personal injury cases; the proposed attorney fee will typically be part of the court review.

2. Determine who will represent the minor’s legal and financial interests.

   West Virginia courts want an independent check that the settlement is fair. Depending on the circumstances, the court may require a guardian of the minor’s person or property, or it may appoint a guardian ad litem (GAL) specifically to investigate and advise the court. The GAL is an officer of the court who evaluates the settlement and reports whether it is in the child’s best interest.

3. Prepare and file a petition to approve the compromise or settlement in circuit court.

   The petition (sometimes called a petition for compromise of a minor’s claim) asks the circuit court in the county with jurisdiction to review and approve the proposed settlement. The petition typically attaches:

   • the full settlement agreement;
   • medical records and bills supporting the claim;
   • a statement of the damages and how the settlement was calculated;
   • a proposed distribution plan for the settlement proceeds (payment of liens, attorney fees, medical bills, and what will be held for the minor); and
   • the guardian ad litem’s or guardian’s report or recommendation (if available).
4. Notify interested parties and resolve liens before the hearing.

   Hospitals, health insurers, Medicaid, and other lienholders may have claims against settlement proceeds. The petition should disclose known liens and propose how the court should resolve them. Where Medicaid or other public benefits are involved, the parties must take special care because improper distribution can affect the minor’s benefit eligibility. The court typically wants clear plans for paying valid liens and protecting the minor’s future benefits.

5. Propose a secure method to hold the funds for the minor.

   The court must ensure the child’s money is protected. Common options include:

   • placing funds in a blocked (court-supervised) bank account;
   • creating a guardianship of the property (with the guardian supervised by the court);
   • establishing a properly drafted special needs trust if benefits protection is required; or
   • structuring payments through an annuity or periodic payments (structured settlement).

   The proposed account or trust terms are usually submitted to the court for approval.

6. Attend the court hearing and answer questions about fairness and necessity.

   The judge will review the petition, documents, and any GAL report. The court’s focus is whether the settlement is fair, reasonable, and in the minor’s best interest. The judge may ask the attorney or guardian questions about the nature of the injuries, the settlement amount, attorney fees, liens and the proposed distribution and protections for the child.

7. Obtain a written court order approving the settlement.

   If the judge approves the settlement, the court issues an order that accepts the compromise, authorizes payment of fees and liens as ordered, and directs how the remaining funds should be held or distributed. The order provides the legal authority the bank, insurer, or defendant needs to release funds.

8. Complete disbursements and comply with ongoing court supervision if required.

   After approval, the settlement funds are distributed according to the court order. If the funds are placed under a guardianship or other court-supervised arrangement, the guardian may need to file periodic accountings and requests to spend funds for the minor’s benefit until the minor reaches majority or the guardian’s authority ends.

Timelines vary. Small, uncontested settlements can move quickly; contested lien or benefit issues, complex future care needs, or a need for a special needs trust can add weeks to months.

Where West Virginia law and court rules come into play

Guardianship, the role of a guardian ad litem, and the circuit courts’ authority to approve settlements are matters addressed in West Virginia’s statutes and court practice. For statutory text and local filing rules see the West Virginia Code and the West Virginia Judiciary website:

• West Virginia Code (searchable)
• West Virginia Judiciary (circuit court information and forms)

Your attorney can point to the exact statutory sections and local circuit-court forms that the judge will expect.

Helpful Hints

• Gather complete medical records and bills early. The court wants evidence of injury and costs used to justify the settlement amount.
• Identify lienholders (hospital, insurance subrogation, Medicaid) before the hearing so the court has a clear plan for paying them.
• Expect the court to scrutinize attorney fees. Contingency fees are common, but the court will review reasonableness before approval.
• Consider whether a special needs trust is necessary to preserve public benefits—discuss this with counsel if the child currently receives or may need Medicaid or SSI in the future.
• Be prepared to explain why the proposed distribution plan protects the child’s long-term interests (schooling, medical care, living expenses).
• Ask how long the court will supervise the account and whether periodic accountings will be required.
• If the settlement is structured (annuity), get clear paperwork showing how payments will be made if the annuity issuer changes ownership or if the minor dies.
• Timing: simple approvals can take a few weeks; complex cases can take several months—start the court-approval process as soon as a settlement is reached.

Next steps if you’re involved in a West Virginia case

1. Contact an attorney skilled in West Virginia personal injury and guardianship or probate matters.
2. Provide your counsel with all medical records, insurance correspondence, and information about any public benefits the minor receives.
3. Follow your attorney’s guidance about guardian or GAL appointments and the documents needed for the circuit court petition.

Again, this is general information. For advice tailored to a specific situation, consult a licensed West Virginia attorney who handles minor settlements or guardianship matters.