Question 1

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

Accepted Answer

Yes. A guardian of the estate may settle a ward's injury claim with the advice, approval and consent of the probate court, and for a net amount of $25,000 or less the court may authorize the settlement without a guardian (R.C. 2111.18). Either way the probate court is involved.

Question 2

What is the $25,000 line?

Accepted Answer

If the claim is to be settled for a net amount of $25,000 or less after fees and expenses the court allows, the probate court may authorize the settlement without appointing a guardian and authorize delivery of the money; above that, a guardian of the estate is the route (R.C. 2111.18).

Question 3

Where does the money go?

Accepted Answer

Under section 2111.05 the court may direct deposit in a depository payable to the minor at majority, or delivery to the natural guardian, the person who maintains the minor, the county children services director or the minor. Separately, the court may order payments of up to $5,000 a year to a custodian, guardian or insured savings account (R.C. 2111.131).

Question 4

How old is a minor in Ohio?

Accepted Answer

Under 18 (R.C. 3109.01).

Question 5

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

Accepted Answer

A person under 18 when the claim accrues may bring the action within the usual period after the disability is removed (R.C. 2305.16); bodily injury actions generally have 2 years (R.C. 2305.10(A)), so about age 20. Ask an attorney before assuming you have time.

Ohio Minor's Settlement Calculator

Estimate what the child receives

Ohio requires probate court approval of a child's injury settlement and lets the court skip the guardian when the net is $25,000 or less

Ohio Minor's Settlement Calculator

Estimate what the child receives

Ohio requires probate court approval of a child's injury settlement and lets the court skip the guardian when the net is $25,000 or less

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