Question 1

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

Accepted Answer

The civil practice law provides that the court may order the settlement of any action or claim by or for an infant, on motion or petition by a guardian ad litem, guardian of the property or custodial parent, and the order approves the infant's attorney's fee (CPLR 1207). A fee agreement for an infant is not enforceable unless the court fixes the fee (Judiciary Law 474), so in practice a court order is part of every infant settlement.

Question 2

What is the $10,000 line?

Accepted Answer

Property an infant is entitled to, after expenses the court allows, goes to the guardian of the infant's property, but if it is $10,000 or less the court may order it paid to a person with whom the infant resides or who has an interest in the infant's welfare (CPLR 1206).

Question 3

Can the court order a structured settlement or a bank deposit?

Accepted Answer

Yes. The court may order money deposited in specified insured banks, trust companies, savings institutions or credit unions, or order a structured settlement, including installment payments funded by an annuity from an approved insurer (CPLR 1206).

Question 4

Who sets the attorney's fee in a child's case?

Accepted Answer

The court. An attorney-guardian contingency agreement for an infant is not valid unless made as the statute provides, and the court determines the value of the attorney's services and sets the fee (Judiciary Law 474; CPLR 1207).

Question 5

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

Accepted Answer

A personal injury action must be commenced within 3 years (CPLR 214(5)). For an infant, the time is extended to 3 years after the disability ceases, about age 21 (CPLR 208(a)). Ask an attorney before assuming you have time; claims against public bodies may have shorter notice rules.

New York Minor's Settlement Calculator

Estimate what the child receives

New York puts a child's settlement under a court order, lets the court fix the fee and uses a $10,000 line for who may hold the money

New York Minor's Settlement Calculator

Estimate what the child receives

New York puts a child's settlement under a court order, lets the court fix the fee and uses a $10,000 line for who may hold the money

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