Who Approves a Child’s Injury Settlement in California? (2026)
- Tom Feher, Esq.
From Tom Feher, Esq. “When a child is the injured client, the court becomes part of the case. That is a good thing. Judicial approval exists so that every dollar a child recovers is protected until they are old enough to use it, and so no adult, including the lawyers, takes more than their fair share.”
Short answer: a California superior court judge must approve any settlement of a minor’s injury claim. Parents cannot finalize it alone. The approval process is called a minor’s compromise: a parent or guardian is appointed guardian ad litem under Code of Civil Procedure 372, a petition is filed for court review, and the judge approves the settlement amount, the attorney fees, and where the money is held until the child turns 18.
Key Takeaways
- A judge must approve: every settlement of a minor’s claim requires court approval through a minor’s compromise petition.
- Guardian ad litem: a parent or guardian is appointed under Code of Civil Procedure 372 to act for the child in the lawsuit.
- The money is protected: under Probate Code 3611 the court typically orders funds into a blocked account or structured settlement the child receives at 18.
- Fees are reviewed: the court reviews and must approve attorney fees and costs under Probate Code 3601 before anyone is paid.
- Timing: the petition is heard on the court’s probate or law-and-motion calendar, usually within a few weeks of filing.
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If you are weighing a settlement offer and want to know what you would actually keep, Feher Law can run the numbers with you in a free consultation. Call (310) 340-1112 – You pay nothing unless we win.
| Step | What Happens | Typical Timing |
|---|---|---|
| 1. Guardian ad litem appointed | A parent or guardian is appointed under CCP 372 to act for the child | Start of the case |
| 2. Settlement reached | The insurer agrees to an amount, contingent on court approval | – |
| 3. Petition filed | The minor’s compromise petition details injuries, treatment, fees, and the plan for the funds | 1-2 weeks after agreement |
| 4. Hearing | The judge reviews the settlement, may ask questions, and signs the approval order | A few weeks after filing |
| 5. Funding and deposit | The insurer pays, approved fees and liens are satisfied, and the child’s net goes into the blocked account or annuity | Usually within 30 days of the order |
How a Minor's Compromise Works in California
A minor’s compromise is the court procedure California uses whenever someone under 18 settles an injury claim. The framework lives in Probate Code sections 3600 through 3612: once a settlement is reached, the guardian ad litem files a petition describing the accident, the child’s injuries and treatment, the settlement amount, the requested attorney fees and costs, and the plan for the child’s money. The judge reads the medical records, confirms the recovery is reasonable for the injuries, and signs an order before a single dollar moves. Insurance companies will not issue payment on a minor’s claim without that signed order.
The Minor's Compromise Process Step by Step
The petition and hearing follow a predictable path. Here is the sequence and what each step involves:
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Where the Child's Money Goes: Blocked Accounts and Structured Settlements
The court’s central concern is protecting the net recovery. Under Probate Code 3611 the judge typically orders the child’s money into one of two places. A blocked account is a federally insured bank account that no one, including the parents, can touch without a court order; the funds release to the child automatically at 18. A structured settlement converts the recovery into scheduled payments, often timed for college years or early adulthood, and can be worth considering for larger recoveries because growth is built in. For small settlements, the court has discretion to release funds to a parent to hold for the child. What the court will not do is hand a large check to the adults with no strings attached.
Does the Court Review Attorney Fees on a Child's Case?
Yes, always. Attorney fees on a minor’s case are not set by the retainer alone: under Probate Code 3601 the court reviews the requested fee and the case costs and approves what is reasonable for the work performed. Many California courts start their evaluation around 25% of the recovery for a straightforward case and adjust from there for complexity, risk, and the result achieved. That review is a feature for families, not a hurdle: it means an independent judge confirms the child’s share before the file closes. Feher Law handles minor’s compromise petitions as part of the representation, and our contingency fee is always subject to that court review.
How Long Does Court Approval Take?
Most uncontested minor’s compromise petitions are heard within a few weeks of filing, depending on the county’s calendar. Once the judge signs the order, the insurer typically funds the settlement within 30 days, the approved fees and liens are paid, and the child’s net recovery is deposited exactly as the order directs. If you are wondering what the underlying claim may be worth before any of this starts, our free personal injury settlement calculator models medical bills, future care, and pain and suffering, and our guide to how long settlement money takes in California covers the timeline after approval.
You Pay Nothing Unless We Win
Our California personal injury attorneys work on contingency – no upfront fees, and the fee terms are in writing before we start. Call (310) 340-1112 – Free, confidential case review.
What to Expect When You Work With Feher Law
- Free Case Evaluation: You speak with our team, we review the crash or incident facts, your treatment, and any offers on the table, and we give you a straight read on the claim’s value. No fee, no obligation.
- Case Investigation: We gather the evidence that drives gross value: scene evidence, vehicle data, medical records, wage documentation, and where needed, accident reconstruction and medical experts. We also start a running ledger of every lien against your recovery.
- Demand and Filing: We present a documented demand to the insurer, and if they will not pay full value we file suit within the two-year deadline under CCP 335.1 so you never lose leverage to the calendar.
- Negotiation and Lien Reduction: While we push the gross number up through discovery and mediation, we simultaneously negotiate every hospital, provider, and government lien down. Both moves raise your net.
- Resolution and Your Settlement Statement: Before anything is final you receive a line-item settlement statement showing the fee, each cost, each lien payoff, and your exact net. Our fee comes only out of the recovery – you pay nothing unless we win.
Why California Settlement Clients Choose Feher Law
Thomas Feher, Esq. has taken more than 50 jury trials to verdict, and that trial record is what moves settlement math, because insurers pay real value to firms they know will pick a jury. The results are public: a $20.7 million brain injury verdict against a hotel defendant in July 2026, a $14.6 million verdict in Simone v. Estate of Bruce Jameson for a catastrophic spine injury, an $8.5 million recovery for a T-boned worker, and more than $170 million recovered for California clients overall. Feher Law also treats the back end of the case, lien negotiation and the settlement statement, as part of the representation, not an afterthought, because the firm’s job is your net recovery, not just the headline number. From offices in Torrance and Huntington Beach, the firm serves clients throughout Los Angeles County, Orange County, San Bernardino County, and Riverside County, in English and Spanish. Every case is handled on contingency – you pay nothing unless Feher Law wins for you.
Frequently Asked Questions
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Last reviewed by Thomas Feher, Esq. – September 2026
