Detailed Answer — How Missouri Courts Approve a Minor’s Personal Injury Settlement
When a person under 18 (a minor) in Missouri reaches a settlement for a personal injury claim, the settlement usually needs a circuit court judge to review and approve it. The court’s job is to protect the minor’s financial interests and make sure the agreement is fair and in the minor’s best interest.
This article explains the typical steps you will see in Missouri, what the court looks for, and practical tips for preparing the petition and documents the judge will want to see. This is an educational overview, not legal advice.
Step 1 — Confirm whether court approval is required
Most insurance companies, defense counsel, and Missouri courts expect court approval when a minor releases a personal injury claim. If the settlement involves payment for the minor’s future care, large sums, or payment to a parent or guardian on the minor’s behalf, a judge will generally require formal court approval.
Step 2 — Hire an attorney experienced with Missouri minor-compromise practice
A lawyer who routinely handles minor settlement approvals knows local circuit-court practices, required paperwork, and the type of evidence judges expect. If you cannot afford counsel, the court may appoint a guardian ad litem to represent the minor’s interests at the hearing.
Step 3 — Prepare the petition and required supporting documents
The attorney typically files a petition in the appropriate Missouri circuit court asking the judge to approve the compromise of the minor’s claim. Common items filed with the petition include:
- A proposed order approving the settlement
- The settlement agreement or release
- A detailed statement of facts describing the injury, claims, and how the settlement amount was reached
- Medical records and bills supporting the claimed injuries
- A computation of liens, outstanding bills, and proposed distribution of the proceeds (attorney fees, costs, liens, net to minor)
- Affidavits or declarations from parents, guardians, or the attorney
- If applicable, a proposed guardianship/conservatorship plan or recommendation about how the funds should be held or managed (e.g., blocked account, guardian of estate, structured settlement)
The petition should explain why the settlement is in the minor’s best interest and show that attorney fees are reasonable.
Step 4 — Give notice and/or get a guardian ad litem
Missouri circuit courts often require formal notice to interested parties (parents, guardians, certain public agencies) and may require appointment of a guardian ad litem (GAL) to investigate whether the settlement is fair. If a GAL is appointed, that person will file a written report or testify at the hearing about the settlement’s fairness and the minor’s best interests.
Step 5 — The court hearing
At the hearing, the judge will review the petition, evidence, and any GAL report. The judge focuses on several questions:
- Is the settlement amount fair and reasonable given the injuries and risks?
- Are attorney fees and costs reasonable and properly documented?
- Are medical liens, Medicaid or other government liens, and creditor claims identified and addressed?
- Will the monetary distribution protect the minor’s long-term interests (for example, by placing funds in a blocked account, creating a guardianship for the minor’s estate, or approving a structured settlement)?
The judge may approve the settlement, approve a modified distribution, or deny it and require further information or a rework of the settlement terms.
Step 6 — How the court orders funds to be handled
If the judge approves the settlement, the court will issue an order describing how funds must be disbursed. Common court-ordered methods include:
- Payment to a guardian or custodian for the minor’s benefit (often with reporting requirements)
- Transfer to a blocked or restricted bank account requiring court permission or guardian signature to withdraw
- Appointment of a guardian of the minor’s estate (a form of conservatorship) to manage large settlements long-term
- Approval of a structured settlement annuity to provide periodic payments and protect long-term needs
Step 7 — Closing the case and ongoing supervision
After the judge signs the approval order and funds are distributed per the order, the court may keep jurisdiction to supervise the guardian of the estate, require periodic accounting, or close the case if no ongoing supervision is necessary.
What judges consider when deciding whether to approve a minor settlement
- Fairness of the settlement amount compared to likely recovery at trial
- Clarity and completeness of supporting medical records and cost statements
- Reasonableness of attorney fees and costs (conventional contingency percentages are scrutinized)
- Whether liens (medical providers, Medicaid, Medicare, health insurers) are addressed
- How the funds will be preserved and used for the minor’s future care
Missouri law and where to look for statutes and forms
Missouri statutory and court-rule authority governs guardianship/guardian of the estate and probate court procedures. For official statutes and searchable laws, use the Missouri Revisor of Statutes: https://revisor.mo.gov/. For local court forms, practice notes, and circuit-court procedures, check the Missouri Courts website at https://www.courts.mo.gov/. These resources include statutory language and circuit-court forms commonly used when seeking approval of a minor’s settlement.
Because courts and local procedures vary, your attorney should confirm the specific local form and filing requirements with the circuit court clerk where the petition will be filed.
Helpful Hints
- Start early. Gathering medical records, lien information, and drafting a thorough petition often takes weeks.
- Document medical costs and future-care needs. Judges want clear proof of injuries and expenses supporting the settlement value.
- Identify and resolve liens before the hearing. Medicaid, private insurers, and medical providers may assert reimbursement or lien rights; show how you will satisfy those claims in the petition.
- Be prepared to explain attorney fees. Contingency percentages are common but should be justified in the petition and at the hearing.
- Consider a structured settlement or blocked account for large awards to protect long-term needs and minimize misuse of funds.
- If you cannot afford an attorney, ask the court about appointing a guardian ad litem or about legal-aid options—courts sometimes assist with appointed representation for the minor’s protection.
- Keep copies of court orders and accounting records. If a guardian of the estate is appointed, the guardian typically must file periodic accountings with the court.
- Talk to an attorney about government benefit impacts (Medicaid, SSI). Settlement proceeds can affect eligibility unless properly planned.
Quick checklist to bring to the lawyer or court: settlement agreement; demand and offer letters; medical records and bills; lien letters; identity documents for parent/guardian and minor; proposed distribution schedule; and any existing guardianship paperwork.
Where to get official Missouri information: Missouri Revisor of Statutes (laws) — https://revisor.mo.gov/. Missouri Courts — https://www.courts.mo.gov/. For circuit-court specific forms and local rules, contact the clerk of the circuit court where the petition will be filed.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For specific legal advice about a minor’s personal injury settlement in Missouri, consult a licensed Missouri attorney.