Understanding Minor’s Compromise
When a child suffers an injury in California or Arizona, the law requires special approval before settling a personal injury claim. This process, called Minor’s Compromise, ensures the court protects the child’s best interests. Unlike adult claims, minors cannot legally sign contracts or settlements. Because of this rule, parents or guardians must seek court approval for any settlement involving a child.
Why Courts Use Minor’s Compromise
Courts want to protect children from unfair or rushed agreements. Insurance companies may try to settle quickly and pay less than the claim deserves. A Minor’s Compromise prevents this by requiring a judge to review the proposed settlement. The judge ensures the amount is fair, that medical expenses are covered, and that the funds will benefit the child.
Minor’s Compromise in California
California requires strict oversight to protect minors. Parents or guardians cannot finalize an injury settlement for a child without court approval. This means that even if the insurance company agrees to pay compensation, the settlement is not binding until a judge reviews it.
Some key points in California:
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A petition for approval must be filed in the court.
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A judge will evaluate attorney’s fees, medical bills, and the net recovery for the child.
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In some cases, a guardian ad litem may be appointed to represent the child’s best interests.
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Settlement funds are often deposited into a blocked account, accessible only when the minor turns 18.
Minor’s Compromise in Arizona
Arizona follows a similar principle but has some differences. Any settlement involving a minor that exceeds $10,000 requires court approval. Like California, the court ensures the funds are preserved and used appropriately for the child’s benefit.
Key points in Arizona:
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A parent, legal guardian, or appointed guardian ad litem files the petition.
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The court examines the fairness of the settlement and attorney’s fees.
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Funds may be placed into restricted accounts or structured settlements.
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The goal is to make sure the child’s future financial needs are protected.
Role of a Guardian ad Litem
A guardian ad litem plays a critical role in Arizona and sometimes in California. This representative does not work for the insurance company or even the parents. Instead, they act only for the child’s interests. The guardian ad litem reviews the settlement details, checks the medical evidence, and advises the court on whether the agreement protects the child.
How Fielding Law Can Help
Dealing with Minor’s Compromise can feel overwhelming. Fielding Law understands the legal rules in both California and Arizona and guides families through every step. Our attorneys help prepare petitions, gather medical evidence, and represent families at court hearings. We ensure settlements protect the child’s future and meet court requirements. If your child suffered an injury, you should not face the legal system alone. Call 833.88.SHARK for a free 24/7 consultation about your child’s injuries and learn how we can help protect their future.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.









