Personal Injury Settlements for Minors in New York City

When a child (legally a “minor,” under age 18) is injured because of someone else’s negligence, the settlement process is different from adult cases. New York law provides strict safeguards to ensure the child’s best interests are protected—especially because minors cannot legally sign contracts or manage large sums of money.

Role of Parents and Guardians

A parent or legal guardian must act on the child’s behalf in legal proceedings and settlement negotiations. Court approval is required for any settlement involving a minor, whether reached before or after filing a lawsuit.

For settlements over $10,000, courts may require a guardianship account to manage the funds until the child turns 18. These accounts are court-approved, interest-bearing, and typically located in the borough where the case is heard.

Infant Compromise Hearings in New York

When a settlement is reached, New York courts hold an Infant Compromise Hearing to review and approve the terms. This hearing—usually in the judge’s chambers—involves the parent/guardian, the child (if old enough), and the attorney. The defendant is not required to attend.

Required Documentation

Attorneys must submit:

• Proposed Court Order for the judge’s signature
• Attorney Affirmation explaining liability risks, reasons for settlement, legal fees, expenses, liens, and how funds will be distributed
• Medical Documentation from a doctor about the child’s injury and recovery
• Parental Affidavit detailing case facts and living arrangements
• Minor’s Affidavit (if age 14+) confirming agreement with the settlement

Medical records must be filed confidentially, and simple cases with minor injuries may require only a doctor’s note.

Court Approval Process

The judge evaluates whether the settlement is fair and in the child’s best interest, considering risks of trial and potential outcomes. If rejected, the case may return to negotiation or proceed to trial. If approved, the court issues an order authorizing payment—sometimes as a structured settlement to provide periodic payments over time.

Pre-Litigation Settlements

If a settlement is reached before a lawsuit is filed, parents can petition New York Civil Court—often used for claims under $25,000. Civil Court filings must be submitted in person or by mail with a $40 fee. The process is simpler but still requires affidavits and a proposed order.

Distribution of Settlement Funds

Once approved:

• Guardianship Funds remain in the court-controlled account until age 18, unless the court approves specific expenses for the child’s benefit
• Attorney’s Fees are issued separately
• Structured Settlements detail payout schedules in the court order

Parents are prohibited from using settlement funds for personal purposes without court approval.

Statute of Limitations for Minors in New York

Generally, the statute of limitations is tolled (paused) until the child turns 18. Exceptions apply—such as in medical malpractice cases, which may have shorter deadlines. Consulting an attorney promptly ensures important rights are preserved.

Why Choose Greenstein & Pittari, LLP?

• Local NYC Offices: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• Our Fee Guarantee: No fee unless we win your case
• Bilingual Services available
• Award-Winning Lawyers recognized by Best Lawyers and Super Lawyers
• Hundreds of 5-Star Reviews from satisfied clients
• Full-Service Representation – We handle the insurance companies so you can focus on your child’s recovery

Get Legal Help Today

If your child has been injured in New York City, don’t navigate this process alone. Call 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation with our experienced personal injury attorneys.

At Greenstein & Pittari, LLP, we fight for the rights of injured children and their families—protecting their future and securing the maximum compensation they deserve.