Do I Need to Attend a Court Hearing for a Minor Settlement in Tennessee?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: Yes — in Tennessee most minor (under 18) settlements that require court approval involve a hearing or a judicial review. The hearing is usually short and focused on protecting the minor’s financial interests. Who must attend and how formal the hearing is depends on the county court, the dollar amount, and whether a guardian, guardian ad litem, or conservator is involved.

Why Tennessee courts review minor settlements

Tennessee law recognizes that minors cannot fully manage money and can be vulnerable to unfair or imprudent settlements. Courts step in to approve settlements and attorney fees when a minor’s claim is compromised so a judge can confirm the deal is fair, reasonable, and in the child’s best interest. For the state code and court rules that govern these matters, see the Tennessee Code and Tennessee Courts websites: Tennessee Code Annotated (capitol.tn.gov) and Tennessee Courts (tncourts.gov).

Typical situations that require court approval

  • Personal injury lawsuits where the claimant is a minor.
  • Wrongful-death or medical-malpractice claims involving a child.
  • Settlements that create a lump-sum payout or ongoing structured payments for a minor.

Who usually must attend the hearing?

  • The minor’s attorney and the opposing party’s attorney (if any) typically attend.
  • The parent(s) or legal guardian often must attend or be represented; the court wants to make sure they understand the settlement and any restrictions on the funds.
  • A guardian ad litem (GAL) or court-appointed representative may be present. Some counties require a GAL in higher-value or disputed cases.
  • The minor may be asked to attend if the judge thinks the minor is mature enough to understand the proceedings; otherwise, the minor usually does not need to speak at length.

What the hearing looks like — step by step

  1. Case called. The judge will identify the case and the parties.
  2. Counsel explains settlement. The attorney for the minor briefly describes the injury, the settlement terms, and why the settlement is fair.
  3. Document review. The judge will review filings: petition to approve settlement, settlement agreement, releases, any medical lien details, proposed distribution, and the GAL’s report if one exists.
  4. Judge’s questions. The judge may ask the parents, guardian, GAL, or attorneys short questions to confirm there is no coercion, conflict of interest, or improper fee request.
  5. Ruling. If the judge approves, the court signs an order that authorizes distribution under the ordered terms. If the judge has concerns, the hearing may be continued or the judge may require modifications (for example, setting funds in a blocked account or appointing a conservator/guardian of the estate).

Common documents you should expect to file or to bring

  • Petition or motion to approve settlement and proposed order approving settlement.
  • Copy of the settlement agreement and any releases.
  • Itemized attorney fee agreement and proposed attorney-fee allocation.
  • Evidence of medical bills or liens (med-pay, health insurer, Medicare/Medicaid lien paperwork if applicable).
  • Guardian ad litem report, if one was appointed.
  • If planning a structured settlement, the annuity contract or settlement funding documentation.

What judges focus on

  • Is the settlement amount reasonable compared to the claim and damages?
  • Are attorney fees reasonable and clearly explained?
  • Are there conflicts of interest (for example, a parent or guardian standing to gain improperly)?
  • Are medical liens or insurer subrogation claims properly handled?
  • Will the minor’s funds be protected (blocked account, structured settlement, guardianship/ conservatorship) as needed?

Possible outcomes of the hearing

  • Approval: court signs order approving settlement and allows distribution consistent with the order.
  • Conditional approval: court approves only after certain conditions are met—e.g., lien satisfaction, creation of structured settlement, or appointment of a conservator.
  • Postponement or denial: judge may continue the hearing to gather more information or deny approval if the settlement is not in the minor’s best interest.

Timing and cost

Expect scheduling to take a few weeks to a few months from filing, depending on local court backlog. The court may charge filing fees. Any court-ordered guardian ad litem, annuity fees, or blocked-account administrative fees will reduce the net recovery unless the parties agree otherwise.

Sample hypothetical to illustrate

Example: A 10-year-old injured in a car crash reaches a $120,000 settlement with the insurer. The plaintiff’s lawyer files a petition to approve the compromise, showing $30,000 in past medical bills and a proposed 33% attorney fee. The court schedules a short hearing. The judge asks whether a guardian ad litem evaluated the settlement and whether liens are resolved. If the judge is satisfied, the court may approve the settlement but require $75,000 to be placed in a blocked account or invested as a structured settlement and allow only limited disbursements for education or medical needs until the child turns 18 (or until a conservator is appointed).

When the minor must or should appear

Courts often do not require the minor to testify, especially younger children. A judge may want to hear from a teenager if that teen has expressed a clear preference or if the court needs to evaluate maturity. If the minor is likely to be uncomfortable, the court can hear evidence without requiring the child to testify in open court.

After the hearing — how distributions are handled

Once the judge signs an order, the settlement funds are distributed according to that order. The court may order that a portion be paid to the attorney, liens be satisfied, and the remainder placed into a protective account for the minor. If the court requires a conservatorship of the estate (guardian of the property), that process is separate and may require additional filings.

Helpful Hints

  • Hire an attorney experienced in minor settlements in Tennessee. They will know local court practices and necessary filings.
  • Ask your attorney to prepare a clear breakdown of medical liens, attorney fees, and net recovery before the hearing.
  • Contact the court clerk ahead of the hearing to confirm filing requirements, hearing length, and whether the minor must be present.
  • Bring identification for parents/guardians and proof of guardianship if applicable.
  • Consider structured settlements or blocked accounts to protect a large recovery for a child’s future needs.
  • Resolve or disclose all liens (medical providers, insurers, Medicaid/ TennCare) before the hearing; unpaid liens can delay approval or distribution.
  • If the minor has special needs, ask about a special needs trust so settlement funds do not jeopardize public benefits.
  • Be prepared for the judge to scrutinize attorney fees. Tennessee courts evaluate whether fees are reasonable; have documentation that supports the requested percentage or hourly rate.
  • If a guardian ad litem is needed or already appointed, cooperate with that representative. Their independent report helps the judge decide quickly.
  • Remember timelines: court approval is a prerequisite to disbursement in most cases. Do not rely on informal settlements without an order.

Next steps: If you are involved in a proposed settlement for a minor in Tennessee, contact a Tennessee-licensed attorney who handles minor settlements or guardianship matters to review the settlement documents and explain how your county typically handles court approval hearings.

Disclaimer: This article provides general information about Tennessee procedures and is not legal advice. Laws and rules change and courts vary by county. Consult a Tennessee attorney for advice about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.