Do I have to attend a court hearing for a minor settlement in West Virginia — and what will happen?

Short answer: In most West Virginia cases where a minor’s claim (for example a personal injury or wrongful death claim) is being settled, the court will want to review and approve the settlement. That usually means a formal petition and often a hearing. A parent or guardian commonly attends the hearing, but the precise requirement and the role you play will depend on the local circuit court, whether a guardian ad litem (GAL) or attorney represents the child, and how the settlement is structured.

How the process typically works in West Virginia

When someone settles a claim for a person under 18, courts protect the minor’s legal rights and the settlement funds. Typical steps are:

• File a petition to approve compromise: The plaintiff or guardian (usually with a lawyer) files a petition or motion in the appropriate West Virginia circuit court asking the judge to approve the minor’s settlement.
• Appointment of a guardian ad litem (GAL) or review by counsel: If the court believes the minor needs independent representation, it may appoint a GAL or require a report from an attorney representing the child. A GAL evaluates whether the settlement is in the child’s best interest.
• Hearing: The court schedules a hearing to review the petition, hear evidence or argument, and decide whether to approve the settlement or require changes (for example, different distribution or protections for the funds).
• Order and distribution: If the judge approves the settlement, the court issues an order describing how funds will be handled (direct payment, guardianship/conservatorship accounts, blocked or supervised accounts, structured settlement, or special needs trust). Funds are released only in accordance with that order.

West Virginia courts have rules and local practices for these matters. For general statutory resources and the state code, see the West Virginia Code search at https://code.wvlegislature.gov/, and for local court rules and circuit court information see the West Virginia Judiciary at https://www.courtswv.gov/.

Will you personally need to attend the hearing?

Attendance depends on several factors:

• If you are the minor’s parent or legal guardian: Expect to attend unless the court excused you. The judge often wants to confirm you understand and agree to the terms, especially how funds will be used for the child.
• If you are the minor: Courts usually do not require the young child to appear in person; older minors (teens) may be asked to attend or be consulted by the GAL or judge.
• If a guardian ad litem or child’s attorney is appointed: The GAL may appear and represent the child’s interests so the parent might not need to testify, but the court can still require the parent to be present.
• If both parents or other parties are involved: The court may require interested parties to be present to resolve disputes or objections.
• Remote appearance options: Many courts have remote/telephone/video options since the COVID era, but availability varies by circuit. Ask the clerk ahead of time.

What to expect at the hearing

Hearings are usually straightforward and brief when the court’s issues are resolved in advance. Expect the judge to:

• Confirm the identity and relationship of the adult(s) present.
• Confirm counsel for the parties and whether a GAL or child’s attorney is present.
• Ask whether the parties understand the settlement terms (amount, who will pay liens, attorney fees, and how the minor’s share will be protected).
• Ask the GAL (if one is appointed) for a recommendation about whether the settlement is fair and in the child’s best interest.
• Review paperwork showing how liens, medical bills, Medicaid claims, and attorney fees will be handled.
• Decide whether to approve the settlement, approve it with modifications, or require additional protections such as a blocked account, court-appointed conservator, structured settlement, or special needs trust.

Typically the judge issues a written order approving the compromise and directing how the minor’s proceeds are to be held and disbursed. That order governs how the settlement funds are released.

Common protections courts order for settlement funds

• Blocked or supervised bank account payable only with the court’s permission.
• Court-appointed guardian or conservator to manage funds for the minor.
• Structured settlement annuity that pays out over time.
• Special needs trust when the minor is disabled and needs benefits protection.
• Immediate payment for medical bills, liens, and attorney fees with remainder protected.

Practical checklist for the parent or guardian before the hearing

• Bring government ID and proof of your relationship to the minor (birth certificate or court guardianship papers).
• Bring the settlement agreement, proposed petition to approve, and proposed court order (your attorney usually files these).
• Bring documentation of medical bills, lien letters, and any correspondence about Medicaid or liens.
• If you will request a blocked account or structured settlement, bring quotes or contract terms.
• Ask the court clerk if remote attendance is allowed and whether you need to register or submit exhibits in advance.
• Review costs and attorney-fee calculation so you can confirm the net amount for the child.

Hypothetical example to illustrate

Sarah is 12 and hit by a car. Her parents and the at-fault driver’s insurer agree on a $100,000 settlement. The parents’ attorney files a petition with the local circuit court asking for approval. The court appoints a guardian ad litem to review the offer. At the hearing the GAL says the settlement is fair but recommends paying outstanding medical bills and placing the remaining $70,000 in a blocked account requiring court permission to withdraw. The judge approves that plan. The insurer pays the settlement to the court registry or to the guardian per the order and the parents later request disbursements for Sarah’s medical needs per the court order.

Problems that can make a hearing longer or contested

• Disagreement between parents or between parent and insurer about whether the settlement is fair.
• Significant unpaid medical liens, Medicaid/CHIP reimbursement claims, or Medicare secondary payer issues.
• Dispute about attorney fees or allocation of proceeds.
• Special needs or benefits issues requiring a special needs trust.

How an attorney can help

A lawyer experienced in West Virginia minor-compromise matters can:

• Prepare and file the petition and proposed order correctly with the circuit court.
• Navigate medical liens, Medicaid recovery, and other creditor claims.
• Recommend the best way to protect funds (blocked account, structured settlement, or conservatorship).
• Represent the parent at the hearing so you understand what the judge is being asked to approve.

Where to look for West Virginia rules and local procedures

Every circuit court may have local practices. Start with these official resources:

• West Virginia Code and searchable statutes: https://code.wvlegislature.gov/
• West Virginia Judiciary — court information and court rules: https://www.courtswv.gov/
• Contact the clerk of the specific circuit court where the petition will be filed to learn local filing and hearing procedures.

Helpful hints

• Do not sign final settlement checks or accept distributions until the court issues its approval order.
• Ask the attorney to provide a written breakdown (gross settlement, attorney fees, medical liens, net to minor).
• If the child receives Medicaid or SSI, discuss a special needs trust before final approval to avoid benefit loss.
• Ask the clerk whether remote attendance is permitted if you cannot appear in person.
• Bring copies of all documents to the hearing for the judge and the GAL or child’s counsel.
• Expect the court to prioritize the minor’s protection over speed — a short delay to add safeguards is common.

Disclaimer: This article is educational and explains common West Virginia procedures. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed West Virginia attorney or contact the circuit court clerk where the petition would be filed.