Detailed Answer: How to get court approval for a minor’s personal injury settlement in Massachusetts

Short answer: In Massachusetts, most personal injury settlements for a minor require court review and approval through the Probate and Family Court or the court handling the minor’s interests. The process exists to protect the minor, resolve medical and government liens, approve attorney fees, and control how settlement money is held or spent. This article explains the usual steps, the paperwork the court expects, common issues that delay approval, and what to expect at the hearing.

Important disclaimer: This is general information and not legal advice. Laws change and every case is different. Contact a licensed Massachusetts attorney or the Probate and Family Court for advice about your situation.

1. Why court approval is needed

Courts require approval because minors generally cannot bind themselves to financial transactions. Approval protects the minor from unfair settlements, excessive lawyer fees, and improper handling of funds. The Probate and Family Court supervises these matters in Massachusetts. For general information about the Probate and Family Court, see the court website: https://www.mass.gov/orgs/probate-and-family-court. For Massachusetts statutes and statewide rules, see the General Laws: https://malegislature.gov/Laws/GeneralLaws.

2. Typical step-by-step process

1. Negotiate and sign a settlement agreement

   The parties (plaintiff represented by counsel and defendant/insurer) negotiate terms. The settlement document will specify the total amount and proposed distribution (attorney fees, costs, liens, net to minor).

2. Gather supporting paperwork

   Before filing for court approval you will typically collect:

   • Executed settlement agreement;
   • Medical records and medical bills showing injuries and expenses;
   • Itemized statement of damages and calculation of the settlement allocation;
   • Statements about past and projected future care or special needs, if applicable;
   • Verification of liens or payoffs (health insurers, MassHealth, Medicare if involved);
   • Attorney fee agreement and itemized fees/costs to be paid from the recovery;
   • Proposed plan for funds (blocked account, trust, custodial account, or distribution to guardian).
3. File a petition in the appropriate court

   A petition for approval of a minor’s settlement is filed in the Probate and Family Court or the court specified by local practice. The petition asks the judge to approve the settlement, authorize distribution of funds, and approve attorney fees. The filing must include the settlement paperwork and the supporting documents listed above.

4. Appointment or report of a guardian ad litem (GAL) or court-appointed guardian

   The court may require an independent guardian ad litem or an attorney for the minor to investigate and report whether the settlement is fair and in the child’s best interests. If parents are both parties to the settlement or there is a conflict, the court will commonly appoint a GAL. The GAL files a report and recommendation for the judge.

5. Notice and opportunity to be heard

   Massachusetts courts typically require notice to interested parties (parents, custodian, insurers, and lienholders) and sometimes to the minor if old enough. The court sets a hearing date and provides interested parties an opportunity to object.

6. Hearing before a judge

   At the hearing the judge reviews the settlement amount, how fees and costs were computed, whether liens have been addressed, and how the remaining funds will be protected for the minor. The judge may ask questions to the attorney, guardian, or parents. If the judge is satisfied the settlement is fair and that the minor’s interests are protected, the judge will enter an order approving the compromise.

7. Court order and distribution of funds

   After approval the court issues an order directing how to distribute settlement proceeds. The judge may require that some or all funds be placed into a blocked account, a trust overseen by the court, a custodial account under a Massachusetts custodianship statute, or paid to a guardian or conservator under court supervision. The order will also usually authorize payment of attorney fees directly to counsel from the settlement.

8. Closing details and follow-up

   The plaintiff’s attorney supplies the insurer or defendant with a certified copy of the order so the check can be issued. Banks will typically require the court order before releasing funds from a blocked account. If future conservatorship or periodic accounting is required, comply with the court’s reporting requirements.

3. Common issues that delay or complicate approval

• Unresolved health care or insurer liens (MassHealth claims may need resolution).
• Inadequate documentation of injuries or future care needs.
• Disputes between parents or between a parent and the child’s attorney or GAL.
• Attorney fees that appear excessive in relation to the recovery.
• No clear plan for protecting the funds for the child’s benefit (court may insist on a trust or blocked account).

4. What the court looks for when deciding whether to approve a settlement

• That the settlement amount is reasonable under the facts and likely recovery at trial.
• That attorney fees are fair and properly documented.
• That medical and governmental liens are identified and handled appropriately.
• That funds will be preserved or used for the minor’s benefit through an acceptable custody arrangement, trust, or guardianship accounting procedure.
• That any potential conflicts of interest are disclosed and resolved, typically via a guardian ad litem report if necessary.

5. How counsel and parents typically protect the minor’s money

Common methods approved by Massachusetts courts include:

• Blocked or restricted bank accounts that require court permission for withdrawal;
• Establishment of a trust for the minor with a trustee and clear distribution terms;
• Uniform Gifts to Minors Act (UGMA) or similar custodial accounts, when appropriate;
• Court-supervised guardianship or conservatorship for large sums or special needs cases.

6. Attorney fees and costs

Contingency fee agreements are common in personal injury cases, but the court must often approve the fee taken from a minor’s recovery. This approval protects against unreasonable fees and ensures that fees are in the minor’s best interests. Be prepared to submit the fee agreement, time records or a summary of work, and a proposed order approving payment to counsel.

7. Practical timeline and costs

Timelines vary. A straightforward petition with clear documentation and no objections may be approved in a few weeks to a few months. Cases that require a GAL, contested hearings, or lien resolution can take longer. Court filing fees and the GAL’s fee (if appointed) are additional costs. Speak with counsel early to estimate timing and fees for your situation.

Helpful Hints

• Start gathering medical records, bills, and lien information early so you can support the petition.
• Notify insurers and known lienholders promptly to avoid surprise claims at the hearing.
• Keep a clear accounting of proposed attorney fees and costs to make the court’s approval easier.
• Plan in advance how money will be protected for the minor — blocked account, trust, or guardianship — and include that plan in your petition.
• Expect the court to require an independent look at the settlement; be ready for a guardian ad litem or court-appointed attorney to review the case.
• If the minor has received MassHealth (Medicaid), contact MassHealth and the court about resolving recovery claims; unresolved government liens can delay approval.
• Hire an attorney with experience handling minor-compromise petitions in Massachusetts and working with the Probate and Family Court to streamline the process.
• Keep all orders and court records; banks will often require certified court orders before releasing or accepting funds tied to a minor’s settlement.

If you need help finding a Massachusetts attorney who handles minor compromises and Probate and Family Court petitions, consider contacting your local bar association or the Probate and Family Court clerk in the county where the case will be filed.

Final reminder: This article explains common steps under Massachusetts practice. It is not legal advice. For advice about a particular case, consult a Massachusetts-licensed attorney or the Probate and Family Court.