California child injury settlements and court approval

Start with the approval process, not just the offer

The Judicial Council's MC-350 guidance addresses both a court case and another claim for money on behalf of a minor. It directs the person acting for the child to request approval of the settlement and the proposed use of the funds. Judicial Council: MC-350 settlement-approval guidance.

Before signing settlement papers, ask who should present the petition, whether a court appointment is needed, and which court should receive it. Supply any existing guardianship or guardian ad litem appointment. Do not assume that a parent's agreement replaces the required procedure.

Give the court a complete picture

California Rule of Court 7.950 requires a verified petition with full disclosure of information relevant to the settlement's reasonableness. The ordinary petition is Judicial Council form MC-350; qualifying expedited petitions use MC-350EX. California Rule of Court 7.950: petition and disclosure; California Rule of Court 7.950.5: expedited petitions.

Prepare an accurate account of the incident, injuries, treatment, current condition, proposed payment and unresolved issues. Organize the offer, medical records, bills and lien correspondence so the proposed resolution can be evaluated. If treatment is continuing, ask how current medical information and possible future needs should be addressed. Do not describe a child as fully recovered merely to simplify the paperwork.

Look beyond the total settlement

The gross settlement and the amount available for the child can be different. Ask for a written breakdown showing each proposed deduction and the remaining balance. Identify unresolved bills or reimbursement claims rather than treating estimates as final figures.

Requested attorney fees also receive court review. Rule 7.955 generally requires a reasonable-fee analysis, unless the court approved the fee agreement in advance. It requires consideration of the representation agreement and identifies relevant factors. A signed contingency agreement does not, by itself, establish that the court will approve the requested fee. The statewide rule does not impose an automatic 25 percent cap. California Rule of Court 7.955: attorney fees.

Review the proposed release as well as the payment figures. See California injury settlements and section 1542 waivers for related background. That general release discussion does not replace the additional approval process for a child's claim.

Follow the payment and deposit instructions

Do not assume the child's recovery will be paid into a parent's ordinary checking account. The proposed use of the money is part of the approval request. Ask what arrangement is appropriate and follow the actual order. Judicial Council: MC-350 settlement-approval guidance.

If the court orders funds deposited in a financial institution with withdrawals restricted pending further court order, Rule 7.953 requires delivery of a certified or file-endorsed copy of the order to the institution and prompt filing of its acknowledgment of the funds and order. An order may permit withdrawal after the child reaches adulthood without another order, but this is not automatic. California Rule of Court 7.953: deposit orders.

Keep the signed approval order, deposit documentation and any later withdrawal order together. Approval and carrying out the payment instructions are separate steps.

What to gather before a consultation

• The incident date, location, insurance correspondence and any lawsuit papers.
• The child's provider list, available treatment records and bills, and information about current symptoms or restrictions.
• The complete settlement offer and proposed release, including attachments.
• Any court appointment, fee agreement, lien notices and proposed payment breakdown.

Flag missing information and ask how to supply documents securely. Avoid sending a child's medical details through a general website inquiry form.

Common questions

Do we need approval if the insurer settles before a lawsuit?

The approval process is not limited to filed lawsuits. California's MC-350 guidance covers a court case or another money claim. The filing route depends on the circumstances. Judicial Council: MC-350 settlement-approval guidance.

Will my child have to attend a hearing?

If a hearing is held, the petitioner and child ordinarily must attend unless the court excuses their personal appearance for good cause. Qualifying expedited petitions generally are decided without a hearing, but a hearing can still be required. Settlement amount alone does not establish expedited eligibility. Confirm the court's instructions before making plans. California Rule of Court 7.952: hearing attendance; California Rule of Court 7.950.5: expedited petitions.

Can I use the money for my child after approval?

Follow the approved disposition and any withdrawal restrictions. A parent's belief that an expense benefits the child does not itself authorize access to funds restricted by court order. Ask about the required procedure before withdrawing or spending them. California Rule of Court 7.953: deposit orders.

Are these also the rules for Florida?

No. This article addresses California procedures. A Florida settlement requires separate review of Florida law, the child's circumstances and applicable court requirements.

Discuss the proposed settlement

To discuss a child's injury claim or proposed settlement, request a consultation with FK Law Group, LLP. Bring the complete offer and court papers, and ask how to provide them securely. More client resources are available in the FK Journal.

General information, not legal advice. This article does not determine whether an offer is fair or predict court approval. Federal proceedings, emancipated minors, specialized claims, public-benefit issues and other special circumstances require separate analysis. An inquiry does not create an attorney-client relationship.