Understanding Court Approval for Minor Settlements in Delaware

Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed Delaware attorney.

Detailed answer

When a person under age 18 (a minor) has a legal claim—such as a personal injury, medical malpractice, or a negligence claim—Delaware courts typically require some form of judicial approval before a settlement can be finalized. The court’s role is to protect the minor’s interests and make sure the settlement is fair, properly documented, and that funds are handled in a way that protects the minor until they reach majority.

Which court handles approval?

Minor settlement approvals in Delaware may be handled in the court where the underlying claim is pending (often Superior Court), or in Probate Court if the matter involves estate or guardianship issues. Delaware’s court system and rules set out procedures for petitions, notice, and review. For general court resources, see the Delaware Courts website: https://courts.delaware.gov. For the Delaware Code and statutes, see: https://delcode.delaware.gov.

Will you need to attend a hearing?

Often yes. A court hearing is commonly required so a judge can evaluate the settlement and hear from the parties or their representatives. The judge may ask questions of the parent, guardian, guardian ad litem, attorneys, or the minor (depending on age and maturity).
In some uncontested cases, the parties may be able to submit paperwork and ask the court to approve the settlement without an in-person hearing. Whether that procedure is available depends on the court and the specifics of the case.
If the court appoints a guardian ad litem (a neutral attorney or advocate for the minor), that guardian will usually appear at the hearing and may present testimony or a written report recommending approval or modification.

What does the court look for?

The judge’s review typically focuses on:

Whether the settlement amount is reasonable given the claims and evidence.
Whether attorney fees and costs are reasonable.
How the settlement funds will be allocated—what portion goes to medical liens, past bills, attorney fees, expenses, and the amount reserved for the minor.
How the minor’s funds will be protected until they are legally entitled to spend them (e.g., blocked account, structured settlement annuity, or appointment of a conservator/guardian).
Any outstanding liens or subrogation claims (medical providers, insurers) and whether they are being properly resolved.

What you should expect at the hearing

Typical practical expectations:

Short hearing. Many minor-settlement hearings are brief (often 10–30 minutes) unless contested.
Participants. The judge, the minor’s parent(s)/guardian(s), the minor’s attorney (if any), defense counsel or adjuster, and a guardian ad litem (if appointed) may be present. The minor may or may not be asked to speak; the court decides based on age and maturity.
Questions. The judge may ask about the cause of the claim, reasonableness of the settlement, the proposed distribution of funds, and plans to protect the minor’s money.
Documentation. Be ready to provide the petition for approval, settlement agreement, breakdown of fees and liens, bills, and any guardian ad litem reports or medical records relied on.
Possible outcomes. The judge can approve the settlement as submitted, approve it with conditions (for example, require funds be placed in a blocked account or annuity), or reject it and order further documentation or a renegotiation.

How funds are commonly protected in Delaware

Courts want to make sure minors’ funds are not dissipated. Common protections include:

Blocked or restricted bank accounts available only to the guardian or by court order.
Structured settlement annuities that pay the minor over time.
Appointment of a guardian or conservator under Delaware probate procedures to manage funds until the minor turns 18.

Helpful hints

Contact a Delaware attorney experienced with minor settlements early. They can prepare the petition, line up lien resolutions, and advise whether a hearing will be required.
Anticipate a guardian ad litem. Even if not required at first, a court may appoint one to represent the minor’s independent interests.
Gather documents in advance: settlement agreement, medical bills, letters from providers, proposed distribution schedule, and any proposed protective device for funds (annuity paperwork or bank documentation).
Resolve liens beforehand if possible. Courts prefer to see how medical bills and subrogation claims will be paid from the settlement proceeds.
Consider long-term needs. Ask about structured settlements or restricted accounts to preserve funds for education, long-term care, or future needs.
Bring identification and proof of authority. Parents/guardians should bring government ID and any documents showing they are the child’s legal guardian if requested.
Be punctual and prepared. Hearings are often brief; having clear, organized paperwork speeds approval.
Know timelines. Once approved, distribution may still take a few weeks while the court signs orders and banks/insurers process payments.
Use official resources. For general court procedures and rules, visit the Delaware Courts site: https://courts.delaware.gov. For statutory research, use the Delaware Code site: https://delcode.delaware.gov.

If you want to move forward, talk to a Delaware lawyer who handles minor settlements and ask specifically: will the court require an in-person hearing in my county, will a guardian ad litem be appointed, and what protective device for the funds does the lawyer recommend?

Reminder: This article explains typical Delaware procedures but does not replace an attorney’s advice about your particular case.