Steps to Get a Nevada Court to Approve a Minor’s Personal Injury Settlement

Disclaimer: This article is educational only and is not legal advice. Laws change and every case is different. Consult a qualified Nevada attorney about your specific situation.

Detailed Answer — How the Nevada court approval process works

When a minor (someone under 18) receives a personal injury settlement in Nevada, the settlement normally requires court review and approval before the money is disbursed or the claim is finally closed. The court’s job is to protect the minor’s legal and financial interests and make sure the settlement is fair, reasonable, and properly handled.

Below are the typical, practical steps you can expect in Nevada. The exact sequence and paperwork can vary by county and by case facts, so use this as a roadmap and check local court rules or consult counsel.

1. 1. Retain a lawyer experienced with minor settlements

   A lawyer who handles personal injury claims involving minors will prepare the settlement documents, identify liens (medical providers, health insurers, government benefits), and prepare the court petition or motion to approve the settlement. The attorney explains options such as structured settlement, blocked/custodial accounts, or a conservatorship depending on the amount and the minor’s needs.

2. 2. Confirm who has authority to act for the minor and whether a guardian ad litem or conservator is required

   In many cases a parent or existing legal guardian can sign a release on the minor’s behalf, but Nevada courts will often require a guardian ad litem or court appointment to formally represent the minor’s interests in the settlement review process. Nevada’s guardianship statutes and court rules govern appointment and duties; see the Nevada Revised Statutes on guardianship and conservatorship for general authority: NRS Chapter 159 (Guardianship/Conservatorship). Courts also apply procedural rules about representation of minors in civil cases; check the Nevada Courts rules page for procedural guidance.

3. 3. Draft and sign a settlement agreement and releases

   The parties prepare the settlement agreement, specifying payment amounts, payment method (lump sum, structured annuity), and who will pay liens and fees. The agreement should clearly state how attorney fees and costs will be paid and list anticipated subrogation claims (private insurers, Medicare, Medicaid, workers’ compensation, health-care providers).

4. 4. File a petition or motion for court approval in the proper Nevada district court

   The lawyer (or a guardian/parent with counsel) files a petition or motion asking the district court to approve the settlement on behalf of the minor. The filing typically includes:

   • The settlement agreement and proposed order;
   • A statement of the minor’s age and best interests;
   • An itemized accounting showing gross recovery, attorney fees, costs, liens and proposed net to the minor;
   • Evidence of notice to interested parties (parents, insurers, public benefit agencies where required); and
   • Any required conservatorship or guardianship documents, if already appointed.

5. 5. Provide required notice to interested parties

   The court will expect notice to the parents, existing guardians, the minor (when age-appropriate), and anyone who may have a legal interest in the recovery — for example, Medicaid or other public benefit agencies with a potential lien. Failure to notify relevant lienholders or benefit programs can delay approval or cause the court to reduce the amount available to the minor.

6. 6. Court hearing and judicial review

   The court usually holds a hearing to determine whether the settlement is fair and in the minor’s best interests. At the hearing the judge will:

   • Review the settlement terms and the itemized accounting;
   • Evaluate the reasonableness of attorney fees and costs;
   • Ask whether liens and subrogation claims are identified and being resolved;
   • Decide whether the minor needs a guardian ad litem, independent counsel, or further protections.

   The court has broad discretion to approve, reject, or require modifications (for instance, directing more funds into a protected account or requiring different distribution methods).

7. 7. Court order and conditions of approval

   If the judge approves the settlement, the court signs an order that typically:

   • Authorizes the settlement and release;
   • Approves attorney fees and costs or sets a schedule for them;
   • Directs how settlement proceeds will be held and distributed (e.g., blocked account, custodian under UTMA/UGMA, structured settlement annuity, or conservatorship); and
   • Requires that identified liens and subrogation claims be satisfied out of the settlement proceeds before distribution.

8. 8. Secure and disburse funds under court supervision

   Large recoveries often lead courts to require that funds be placed in a court-approved protected account (sometimes called a blocked account), a structured settlement annuity, or in the custody of a conservator until the minor reaches majority. The court order governs the timing and conditions for any disbursement.

9. 9. Close liens and address government-benefit impacts

   Before final disbursement, attorneys and the court will resolve medical provider liens, insurer subrogation, and obligations to public programs (e.g., Medicaid). If the minor receives public benefits, the structure of the settlement should avoid jeopardizing eligibility (for example, via special needs trust or properly structured protected accounts). Consult counsel and benefits specialists early.

10. 10. Ongoing supervision or final distribution at majority

    Depending on the court order, funds may remain under court supervision until the minor turns 18 (or older by statute or court order). The court may require an accounting before releasing funds. If funds are left in a trust, the trustee follows trust terms to make distributions.

Key Nevada legal resources

• Full Nevada Revised Statutes (general reference): Nevada Revised Statutes (NRS).
• Guardianship and conservatorship statutes (general authority regarding who may act for a minor): NRS Chapter 159.
• Nevada court rules and procedural resources (for civil procedure and local practice): Nevada Courts — Rules.
• Nevada Courts self-help and guardianship information: Nevada Courts — Self Help.

Helpful Hints

• Start early. Identifying liens, government benefits, and the best payment structure takes time and affects court approval.
• Use a lawyer who regularly handles minor settlements in Nevada. Local judges and clerks are familiar with particular forms and wording that make approval smoother.
• Be transparent in the accounting. Courts focus on the gross recovery, attorney fees, costs, and outstanding lien amounts.
• Consider structured settlements or special needs trusts to protect benefits like Medicaid or SSI.
• Notify government-payor agencies (Medicaid/Medicare) promptly to avoid surprise liens later.
• Expect the court to scrutinize attorney fees. Fees that are standard for adult settlements can still be reduced if the court finds them unreasonable for a minor’s case.
• If the settlement is large, the court may require a conservatorship rather than a simple custodial account; ask your attorney about bonding and reporting requirements.
• Keep copies of all court papers, notices, and receipts related to lien payments; the court may require proof that liens were satisfied.

If you need help locating a Nevada attorney experienced with minor personal injury settlements, contact your local county bar referral service or the State Bar of Nevada.