How a New Hampshire Court Approves a Minor’s Personal Injury Settlement — FAQ

Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change. Consult a licensed New Hampshire attorney for advice about your specific situation.

Detailed answer — step-by-step guide to court approval of a minor’s personal injury settlement in New Hampshire

When someone under 18 (a “minor”) in New Hampshire receives a personal injury settlement, a court usually must approve the settlement to protect the minor’s legal and financial interests. Approval typically happens in the Probate Court (or sometimes the Superior Court) where the minor lives or where the guardian is appointed. The court reviews the settlement to ensure it is fair, in the minor’s best interest, and that the funds will be handled appropriately.

1. Who starts the process?

Usually the minor’s parent or the minor’s attorney (or both) files a petition with the Probate Court asking the judge to approve the settlement. If a legal guardian or conservator already exists, that person files the petition. If not, the court may require appointing a guardian ad litem or counsel to represent the minor’s interests during the approval process.

2. Prepare and file a petition for approval

The petition should include:

• A copy of the proposed settlement agreement or release.
• A summary of the case, the facts, and how the settlement amount was calculated (medical bills, future care, pain and suffering, liability issues, etc.).
• Medical records and bills supporting claimed damages.
• An itemized breakdown of how the settlement monies will be allocated (attorney fees, liens, expenses, and net to the minor).
• Information about any outstanding health-care or government liens (e.g., Medicaid), and proposed plans to satisfy those liens.
• A proposed court order approving the settlement and directing what to do with the proceeds (for example, appointment of a conservator, creation of a blocked account, or structured settlement).

3. Notice and appointment of a guardian ad litem or counsel (if required)

The court may require an independent guardian ad litem (GAL) or counsel for the minor to ensure the minor’s interests are independently represented. The GAL or attorney will investigate the case, review documents, and often file a recommendation to the court about whether the settlement is fair.

4. Hearing before the probate or superior court

The court usually schedules a hearing. At the hearing the judge will:

• Ensure the minor (through a guardian or GAL) understands the settlement.
• Review the fairness and reasonableness of attorney fees and costs.
• Consider whether liens and expenses are properly dealt with.
• Decide how the settlement funds should be managed (blocked account, guardianship/conservatorship, annuity/structured settlement, or restricted distribution).

5. Court issues an order approving, denying, or modifying the settlement

If the court approves the settlement it will issue an order that usually: (a) approves the settlement and release, (b) authorizes payment of attorney fees and liens as ordered, and (c) directs how the net proceeds will be handled to protect the minor (for example, requiring deposit into a blocked bank account or ordering establishment of a conservatorship).

6. Handling the funds after approval

Common post-approval mechanisms include:

• Blocked (restricted) bank account: funds held in account that requires court approval for withdrawals.
• Conservatorship/guardian management: the court appoints a conservator to manage funds for the minor’s support and benefit.
• Structured settlement/annuity: periodic payments for future needs, often used for future medical expenses and lost earnings.

7. Closing steps and court oversight

The court may require accounting and periodic reports from whoever manages the funds (guardian or conservator). This protects the minor from mismanagement. If the minor reaches adulthood, some courts require a final accounting or distribution plan before closing the guardianship or conservatorship.

What the judge cares about

• Is the settlement amount fair compared to likely outcomes if the case went to trial?
• Are attorney fees reasonable and documented?
• Are medical liens and other obligations properly addressed?
• Will the funds be managed safely for the minor’s benefit?
• Is there an independent recommendation from a GAL or counsel representing the minor?

Relevant New Hampshire resources and statutes

Probate courts handle guardianships, conservatorships, and approval of settlements involving minors. For New Hampshire statutes and probate guidance, consult the Revised Statutes and the New Hampshire Judicial Branch:

• NH Revised Statutes Annotated (general RSA index): https://www.gencourt.state.nh.us/rsa/html/
• New Hampshire Judicial Branch (Probate Division and forms): https://www.courts.state.nh.us/

Because statutory organization and procedures can vary depending on the exact legal vehicle used (minor compromise, guardianship, conservatorship, or special-needs planning), an attorney can identify the precise statutes and forms that apply to your case.

Helpful hints — practical tips to make approval easier and faster

1. Hire a New Hampshire attorney experienced with minor personal injury settlements or probate work early. They will prepare the petition and walk you through court requirements.
2. Collect and organize medical records, bills, and documentation of non-economic losses ahead of filing.
3. Identify and resolve liens (health insurers, Medicaid, Medicare, or medical providers) before the hearing or present a plan to address them at the hearing.
4. Prepare a clear proposed order for the judge to sign, including how funds should be protected (blocked account, conservator, annuity, etc.).
5. Be ready to explain and justify attorney fees (contingency percentage, costs advanced) to the judge—courts scrutinize contingency fees in minor settlements.
6. If long-term medical needs exist, consider a structured settlement or annuity so funds last and are managed for future care.
7. Expect the court to require periodic accountings if a guardian or conservator manages the funds.
8. Timeframe: simple approvals can take a few weeks; complicated cases (large settlements, disputes over allocation, or contested guardianship) can take months.

When to get help

Talk to an attorney if you have any of these situations:

• Large settlement amounts or claims for future medical care/loss of earning capacity.
• Disputes between parents, insurers, medical providers over who gets paid.
• Complex tax, benefits, or public-assistance repayment issues.
• Questions about whether a structured settlement or conservatorship is better for the child.

Finding a lawyer: look for attorneys in New Hampshire who handle personal injury and probate/guardianship work. Ask about experience with minor-compromise approvals, fee structures, and typical timelines.

Again, this information is educational only and does not substitute for an attorney’s personalized advice. Contact a New Hampshire attorney or the local Probate Court for guidance about your specific case.