Detailed answer

When someone under 18 (a minor) in Washington reaches a personal injury settlement, the court normally must review and approve the deal before money is released. The court’s job is to protect the minor’s legal and financial interests and make sure the settlement is fair and reasonable. The state law that governs court supervision of compromises involving minors is found in the Revised Code of Washington, chapter 11.92. See the statute for detail: RCW Chapter 11.92.

Typical steps a party follows (step-by-step)

1. Retain a lawyer experienced with minors’ settlements. An attorney explains options (lump sum, annuity/structured settlement, trust) and prepares the settlement paperwork. If a parent or guardian signs the settlement, the court still usually must approve it.
2. Negotiate and draft the settlement agreement. The agreement should identify the minor, list all claims being released, state gross settlement, and show proposed distributions (attorney fees, liens, expenses, and the amount to the minor).
3. Prepare a Petition to the Superior Court for approval. The lawyer files a petition or motion asking the appropriate Washington Superior Court to approve the compromise of the minor’s claim. The petition commonly includes: the settlement agreement, a declaration describing the facts and reasons the settlement is fair, an accounting of fees and costs, information about any medical liens or public benefits, and a proposed order for the judge to sign.
4. Notify required parties. The petition must give proper notice to interested parties. That normally includes the minor (through the petition), the minor’s parents or guardians, opposing parties, any agency with a subrogation or lien (Medicaid, private health insurers), and sometimes the minor’s next of kin. Local court rules will specify exact notice requirements.
5. Court may require a guardian ad litem or attorney for the minor. The judge can appoint a guardian ad litem or direct that counsel represent the minor’s interests at the hearing if the court believes that protection is needed. This is common when facts or proposed distributions raise concerns.
6. Attend the approval hearing. At the hearing the judge reviews the petition, asks questions, and decides whether the settlement is in the minor’s best interest. The court will evaluate whether attorney fees and costs are reasonable, whether medical or government liens are addressed, and whether the proposed distribution protects the minor’s future needs.
7. Judge issues an order approving or modifying the settlement. If approved, the court enters an order and judgment authorizing the compromise and directing how funds are handled and distributed. If the judge has concerns, the court may modify terms, require additional protections (for example a blocked account or trust), or deny approval until concerns are resolved.
8. Funds are placed or distributed as ordered. Common court-ordered options include:
   • deposit to a blocked bank account that requires court permission for withdrawal;
   • purchase of a structured settlement/annuity that pays over time;
   • funding a properly drafted trust (for disabled minors, a special needs trust is often used to preserve public benefits); or
   • paying out to a guardian or custodian under court supervision until the minor reaches majority.
9. Ongoing court supervision (if required). If funds are left in a blocked account or trust, the court may require periodic accounting or continued oversight until the minor reaches 18 (or another court-authorized age) or until the trust terminates.

Key legal considerations under Washington law

• The court reviews the entire deal to protect the minor’s interests and may require additional safeguards before releasing money.
• Attorney fees and liens must be clearly explained and reasonable. Courts watch large fee requests closely and will reduce fees that are not justified.
• If the minor receives public benefits (for example Medicaid), the settlement must address potential liens or effect on benefits. A structured settlement or special needs trust may be necessary to keep benefits intact.
• Local Superior Court rules and practice differ by county. The exact forms, notice timelines, and filing requirements vary; check the local court’s civil or probate rules for precise steps.

Where to file: Most petitions for approval of a minor’s compromise are filed in the Superior Court in the county where the lawsuit is pending or where the minor resides. If you are unsure which court is proper, ask the attorney handling the case or contact the clerk of the local Superior Court.

Statutory reference: For the basic statutory authority that governs compromise of claims for minors, see RCW Chapter 11.92: https://app.leg.wa.gov/rcw/default.aspx?cite=11.92.

Disclaimer: This is general information, not legal advice. Laws change and every case is different. Consult a Washington attorney about your specific situation before taking action.

Helpful hints

• Hire counsel early. An experienced attorney can draft the petition and anticipate court concerns so approval moves faster.
• Collect lien information before filing. Identify medical providers, insurers, and government programs that may have claims against settlement funds.
• Consider structured settlements or trusts for large awards or when public benefits must be preserved.
• Expect the court to scrutinize attorney fees and unusual distributions; prepare clear billing records and justification for fees charged.
• Ask the court clerk or check the county Superior Court website for local forms and fee schedules. Different counties sometimes require different filing forms or additional paperwork.
• If the minor has a disability, ask about a special needs trust. Proper planning can protect eligibility for Medicaid, SSI, and other benefits.
• Plan for timeline: court approval can take weeks to months depending on scheduling, the need for a guardian ad litem, and complexity of lien resolution.