Why and When a Court Holds a Hearing on a Minor's Settlement in Tennessee
A Tennessee tort settlement does not require court approval merely because it involves a minor. The court must hold a hearing with the minor and legal guardian present if the settlement is $10,000 or more, is structured, or the minor has no Tennessee-licensed attorney.
The statute
T.C.A. 29-34-105 says that in any tort claim settlement involving a minor, the court shall conduct a hearing at which the minor and legal guardian are present if the settlement is $10,000 or more, is a structured settlement, or involves a minor who is not represented by an attorney licensed in Tennessee. The court may hold the hearing in chambers or remotely and may excuse the minor.
No automatic approval below that
Subsection (b) says a tort claim settlement does not otherwise require court approval merely because it involves a minor. Ask your lawyer whether your county court has local requirements.
The order
In the order approving a settlement, the court has discretion to decide whether the proceeds are paid to the minor's legal guardian or held in trust by the court until the appropriate time.
Who is a minor, and deadlines
The tolling rule covers a person under eighteen (T.C.A. 28-1-106). The child may sue after turning 18 within the usual period, which for injury is one year (28-3-104), so about age 19. Do not assume you have more time. See how the money may be held and run your numbers in the Tennessee minor's settlement calculator.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Tennessee's rules apply to your specific case with a licensed Tennessee attorney.