When a child is injured and entitled to a settlement, Washington law requires court approval to ensure the settlement is fair and in the child’s best interest. This legal safeguard prevents unfair agreements, ensures medical costs and future needs are covered, and protects the child’s financial future. Parents and guardians navigating this process in King County must understand the legal requirements and the role of the court in approving these settlements.
If you are the parent or guardian of a minor who has been injured and is seeking a settlement, it is essential to understand the process, particularly in King County, Washington. Here’s what you need to know:
Why Do Minor Settlements Require Court Approval?
One of the most critical aspects of settling a minor’s personal injury claim is ensuring the agreement is legally sound and in the child’s best interest. The King County minor settlement approval process exists to protect minors from unfair settlements and ensure that their financial future is secure. Without court approval, a settlement agreement for a minor is not legally binding, making this step essential for families navigating injury claims.
Washington law mandates that any settlement involving a minor’s claim be reviewed and approved by the court. This rule exists to ensure:
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The settlement amount is fair and adequate for the child’s injuries.
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The funds are safeguarded for the child’s future needs.
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The child’s best interests, not just the desires of the parents or insurance companies, are prioritized.
The Role of the Settlement Guardian ad Litem (SGAL) in King County
In King County, WA, when a settlement involves a minor, the court appoints a Settlement Guardian ad Litem (SGAL)—an independent attorney who evaluates the settlement and provides a report to the court. The SGAL’s role includes:
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Reviewing the case facts and the settlement offer.
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Ensuring that medical expenses, future care needs, and pain and suffering are properly accounted for.
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Confirming that attorney’s fees and costs are reasonable.
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Making a recommendation to the court on whether the settlement should be approved.
An SGAL is not a lawyer for the child but rather an impartial expert ensuring that the settlement is in the child’s best interest.
These regulations, outlined in King County Superior Court Local Civil Rule 98.16 and Washington State Superior Court Special Proceedings Rule (SPR) 98.16W, provide the legal framework for minor settlements.
Teens and the Legal Realities of Minor Settlements
Even though teenagers may feel like adults, the law does not treat them as such when it comes to settlements. Even a 17-year-old must have their settlement approved by the court. If they wish to bypass this process, they must wait until their 18th birthday to finalize their claim. This rule exists to ensure that young individuals are not pressured into unfair settlements and that their financial future is protected. Parents and guardians should understand that courts will scrutinize these cases carefully, making legal guidance essential.
For example, consider a 17-year-old involved in a car accident. They may believe they have the maturity to handle their settlement independently, but the law requires court oversight to confirm that the settlement is fair and adequate. If the minor wants immediate access to their compensation, they cannot simply sign the agreement themselves; they must go through the formal court approval process. Alternatively, if they choose to wait until turning 18, they gain full control over negotiations and settlement agreements, but this may delay necessary compensation for medical expenses and damages. Understanding these legal realities ensures that teens and their families make informed decisions about their financial futures.
The Minor Settlement Approval Process in Washington State
Understanding how to get a minor settlement approved in Washington is crucial for families navigating this legal process. The King County court minor settlement process is designed to protect children from unfair agreements and ensure their financial future is secured. Here’s how the process typically unfolds:
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Settlement Negotiation – The injured minor (through their parent or guardian) negotiates a settlement with the at-fault party’s insurance company, often with the help of an attorney.
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Filing a Petition for Approval – Once a settlement is reached, a petition is filed with the court outlining the terms of the settlement and requesting approval.
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Appointment of an SGAL – The court appoints a Settlement Guardian ad Litem to review the case.
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SGAL Review and Report – The SGAL investigates the settlement’s fairness, assesses future needs, and submits a report to the court with their recommendation.
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Court Hearing in King County Superior Court – A judge reviews the SGAL’s findings, hears from the attorneys involved, and determines whether to approve the settlement.
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Fund Management Decision – If the settlement is approved, the court determines how the funds should be managed, which may include a blocked account, structured annuity, or trust to protect the minor’s funds until they reach adulthood.
Why Hire the Best Attorney for Minor Settlements in Washington?
Choosing an experienced Washington minor injury settlement lawyer can make a significant difference in navigating this complex legal process. At Scott & Scott, PLLC, we understand the nuances of the King County minor settlement approval process and are dedicated to securing the best possible outcome for your child’s future.
We work closely with families to ensure fair settlements, compliance with Washington law, and financial security for their children. Our team:
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Negotiates maximum compensation for your child’s injuries.
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Ensures that medical expenses, future needs, and long-term financial protection are accounted for.
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Works with SGALs and the court to streamline the approval process.
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Advises parents on the best financial management options for their child’s settlement.
Contact an Experienced Washington Minor Injury Settlement Lawyer Today
If your child has been injured and is entitled to a settlement, don’t navigate this process alone. Schedule a free consultation with Scott & Scott, PLLC to discuss how we can help protect your child’s rights and financial future. Contact us at Scott & Scott, PLLC or call 206-622-2200 today.
