Detailed Answer — How an Ohio Court Reviews and Approves a Minor’s Personal Injury Settlement
This section explains, step by step, how courts in Ohio protect a minor when adults settle a personal injury claim on the minor’s behalf. The goal of the court is to make sure any settlement is fair, in the child’s best interest, and that funds are handled safely until the child can manage them.
Step 1 — Evaluate the claim and negotiate a settlement
Start by documenting the injury, medical bills, lost time, and other losses. A parent, guardian, or an attorney may negotiate with the insurer or adverse party. Even after the parties reach a settlement figure, the claim usually requires court approval before the minor receives money.
Step 2 — Decide where to ask for approval
In Ohio, courts with probate or juvenile jurisdiction commonly handle approval or any related guardianship matters. If a formal guardianship or conservatorship already exists, the guardian acts under court supervision. When in doubt, file the petition in the local probate court or contact the court clerk to confirm the proper forum.
See Ohio law on guardianship and probate procedures for background: Ohio Revised Code Chapter 2111 (Guardians) and the Ohio Judicial Branch website for court contact information: Ohio Judicial Branch.
Step 3 — Prepare and file the petition to approve the settlement
The petitioner (often the parent, guardian, or claimant’s attorney) files a written petition or motion asking the court to approve the compromise of the minor’s claim. Typical items filed with the petition include:
- Copy of the proposed settlement agreement and any release language
- Copies of medical records and bills supporting damages
- An itemized accounting showing how the settlement amount was calculated
- Copies of any checks or proposed disbursements (attorney fees, liens, expenses)
- A proposed court order that approves the settlement and directs how funds are to be held or distributed
Court clerks will often provide local forms or filing instructions—call or check the county probate court website before filing.
Step 4 — Appointment of a guardian ad litem or counsel for the minor (if needed)
The court may appoint a guardian ad litem (GAL) or independent counsel to represent the minor’s interests at the hearing. The GAL investigates the claim, reviews records, meets with the minor if appropriate, and reports to the court whether the settlement is fair and in the child’s best interest. The court may require this step if any party raises concerns or if the settlement is substantial or complex.
Step 5 — Court hearing and factors the judge considers
The court schedules a hearing. At the hearing the judge will review evidence and ask questions to ensure the settlement is reasonable. The judge typically considers:
- Whether the settlement fairly compensates for the minor’s past and future injury-related losses
- Whether attorney fees and legal costs are reasonable and documented
- Whether liens (medical providers, Medicaid, Medicare, or health insurers) have been addressed
- Whether the method of holding or distributing funds serves the child’s best interests (blocked account, trust, structured settlement, or guardianship)
If the judge finds the settlement fair, the court signs an order approving the compromise.
Step 6 — How the court orders funds handled after approval
After approval the court will approve specific steps for protecting the money until the minor can legally receive it. Common options include:
- Placing proceeds in a court-supervised or “blocked” account until the minor reaches majority or another court-specified age
- Ordering creation of a trust for the minor (revocable or irrevocable depending on needs)
- Approving a structured settlement/annuity that pays over time
- Placing funds under an existing guardianship/conservatorship with court oversight
The court’s order will spell out who may withdraw funds, for what purposes (education, medical care, support), and who must supervise distributions.
Step 7 — Closing steps: payoffs, liens, and final accounting
Before funds are released, the petitioner and the minor’s attorney must often show the court that all liens and subrogation claims (medical providers, health plans, Medicaid) are resolved or that approved proceeds will satisfy them. The court will also require a final accounting that shows attorney fees, costs, lien payments, and the net amount deposited or placed under court control.
Practical Example (Hypothetical)
Ten-year-old “Alex” sustains injuries in a bicycle crash. Parties negotiate a $50,000 settlement. Alex’s parent files a petition in the county probate court asking the court to approve the compromise. The judge appoints a guardian ad litem to review the case. At the hearing the court confirms that medical bills and future care are covered, finds attorney fees reasonable, and approves the settlement. The judge orders $40,000 placed into a blocked account under court supervision until Alex turns 18, with $10,000 to pay current medical liens and securing reasonable attorney fees.
Timing, costs, and what to expect
- Timeline: The petition-to-hearing timeline varies by county—expect weeks to a few months depending on court schedules and whether a GAL or additional documentation is required.
- Costs: The minor may bear reasonable attorney fees and court costs. A guardian ad litem may seek compensation that the court must approve.
- Flexibility: Courts balance protecting the minor with avoiding unnecessary delay. Courts prefer solutions that limit administrative burden while protecting the child’s interests.
Helpful Hints
- Talk with an Ohio attorney experienced with minor settlements early to prepare documents and anticipate court concerns.
- Collect clear medical records, bills, and proof of lost earnings. The stronger the documentation, the faster the court is likely to act.
- Address liens and subrogation claims before the hearing or show a plan to satisfy them.
- Be ready to propose a safe method for holding funds—court-blocked account, trust, or structured settlement are common options.
- Expect the court to closely review attorney fees. Provide detailed billing and a written contingency agreement.
- Contact the local probate court clerk for filing procedures and local forms before drafting the petition.
- If the settlement involves Medicaid, public benefits, or special needs planning, consult counsel who understands benefit protection and special needs trusts.
Where to learn more and find local help
Ohio Revised Code chapter on guardianship provides legal background on court supervision: https://codes.ohio.gov/ohio-revised-code/chapter-2111. For county-specific filing rules and contact information, use the Ohio Judicial Branch site: https://www.ohiojudiciary.gov/.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Laws change, and every situation is different—consult a licensed Ohio attorney for advice specific to the minor’s case.