Why a Circuit Court Must Approve a Minor's Settlement in West Virginia

By the FigureMyTax Editorial Team · How we calculate

In West Virginia, a parent, guardian or next friend who negotiates a minor's injury settlement must file a verified petition in the circuit court. The court appoints a guardian ad litem, holds a hearing, and approves or rejects the settlement, the release and the distribution. We found no dollar threshold below which approval is not needed.

The petition

W. Va. Code 44-10-14(b) and (c) says that to secure a release, the parent, next friend or guardian files a verified petition in the circuit court of the county where the minor resides or where a suit may be filed, or a motion in a pending action. It must give the minor's name, gender and age, the facts of the injury and damages, the people to be released, the treatment expenses and future care, how costs will be paid and how the rest will be distributed.

Guardian ad litem and hearing

On filing, the court must appoint a guardian ad litem to review the facts, the injuries, the proposed distribution and other relevant information, and to file an answer stating whether the settlement is in the minor's best interest. The court must hold a hearing, take testimony and consider arguments, and may order the minor to appear.

The order and release

If the court approves, the release is executed by the person it authorizes, in the statutory form, and the court enters an order with findings of fact. Payments for the minor's immediate benefit must be made within 24 months of the order.

Deadlines

A person who was an infant when the right accrued may sue within the same number of years after reaching full age as the usual period, but never after 20 years from accrual (W. Va. Code 55-2-15(b)), and injury actions have two years (55-2-12), so about age 20. Ask an attorney before assuming you have time. See how the money is held and run your numbers in the West Virginia minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how West Virginia's rules apply to your specific case with a licensed West Virginia attorney.