Question 1

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

Accepted Answer

Yes. Under Rule of Civil Procedure 2039, no action to which a minor is a party may be compromised, settled or discontinued except after court approval on a petition by the minor's guardian, and the court approves or fixes the counsel fees and expenses.

Question 2

What is the $25,000 line?

Accepted Answer

When a minor's entire estate has a net value of $25,000 or less, the court may direct that it be held by the parent or the person maintaining the minor without a guardian (20 Pa.C.S. 5101). Above that, a judgment is paid only to a guardian of the estate unless the court orders otherwise (Rule 2039(c)).

Question 3

Where does the child's money go?

Accepted Answer

The court may order cash deposited in a federally insured savings account in the minor's name, with a provision that nothing can be withdrawn until majority except by court order (20 Pa.C.S. 5103), or order a structured settlement paid into a restricted account.

Question 4

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

Accepted Answer

The court. It approves or disapproves any fee agreement, or fixes the fees and expenses itself (Rule 2039(b)).

Question 5

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

Accepted Answer

The period of minority does not count, and the minor has the same time after turning 18 as others, generally 2 years (42 Pa.C.S. 5533(b) and 5524(2)), so about age 20. Ask an attorney before assuming you have time.

Pennsylvania Minor's Settlement Calculator

Estimate what the child receives

Pennsylvania requires court approval of every child's settlement and approves the lawyer's fee, with a $25,000 net line for who may hold the money

Pennsylvania Minor's Settlement Calculator

Estimate what the child receives

Pennsylvania requires court approval of every child's settlement and approves the lawyer's fee, with a $25,000 net line for who may hold the money

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