Why a District Court Must Approve a Minor's Settlement in Nevada

By the FigureMyTax Editorial Team · How we calculate

In Nevada a parent or guardian may compromise a child's disputed claim for money, but the compromise is not effective until the district court of the county where the child resides approves it on a verified written petition. We found no dollar threshold below which approval is not needed.

The statute

NRS 41.200(1) lets either parent (the custodial parent if they live apart) or a general guardian or guardian of the estate compromise an unemancipated minor's disputed claim for money against a third person. The compromise is not effective until approved by the district court of the county where the minor resides, or where the claim was incurred if the minor does not live in Nevada.

What the petition must say

The minor's name, age and residence; why the claim is disputed; the parents or guardian and who has custody; the petitioner; the total proceeds and how they are apportioned among attorney fees (fixed or contingent, with the percentage), medical expenses and other expenses, and whether those are deducted before or after the contingency fee; whether the petitioner believes the compromise is in the minor's best interest; and that the petitioner understands it bars further relief (subsection 2).

Records and the hearing

For a personal injury, the petitioner must submit all relevant medical and health care records at the compromise hearing, including the injury, prognosis, treatment and progress, and the medical expenses incurred, paid, owed and expected (subsection 3). The clerk may not charge a fee to file the petition (subsection 7).

What the court does with the money

If it approves, the court directs the money to a parent or guardian, with or without a bond, or requires a general guardian or guardian ad litem, as it finds in the child's best interests (subsection 4).

Who is a minor, and deadlines

A person is of lawful age at 18 if under no legal disability (NRS 129.010). The time of a minor's disability is not part of the limitation period (11.250), and injury actions generally have 2 years (11.190(4)(e)). Ask an attorney before assuming you have time. See how the money must be held and run your numbers in the Nevada minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Nevada's rules apply to your specific case with a licensed Nevada attorney.