Question 1

Does a judge have to approve a minor's settlement in New Jersey?

Accepted Answer

Yes. Under Court Rule 4:44-3, proceedings to enter a judgment consummating a settlement in a matter involving a minor are heard by the court without a jury, and the court decides whether the settlement is fair and reasonable in amount and terms. We found no dollar threshold below which approval is not needed.

Question 2

What does the judge check on a structured settlement?

Accepted Answer

Whether, from the financial security of the obligor or surety and other relevant facts, it is reasonably certain that all future payments will be made as proposed (Rule 4:44-3).

Question 3

Does the judge approve the attorney's fee?

Accepted Answer

The court, on request or its own motion, may approve the expenses of the litigation, including attorney's fees (Rule 4:44-3).

Question 4

Where does the child's money go?

Accepted Answer

A county court form order we reviewed directs the net recovery to the county Surrogate for the child, with a limited guardian of the estate who may receive money only by court-directed withdrawals, and releases it only by further court order or at majority. Ask your court what it will order.

Question 5

How long do I have to sue for a child's injury?

Accepted Answer

An injury action must be commenced within 2 years (N.J.S.A. 2A:14-2), counted from reaching majority for a person under 18 when the claim accrued (2A:14-21). Ask an attorney before assuming you have time.

New Jersey Minor's Settlement Calculator

Estimate what the child receives

New Jersey requires a judge to find a child's settlement fair and reasonable and usually deposits the money with the county Surrogate

New Jersey Minor's Settlement Calculator

Estimate what the child receives

New Jersey requires a judge to find a child's settlement fair and reasonable and usually deposits the money with the county Surrogate

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