When a Child Is Hurt: Why Ohio Requires Probate Court Approval of a Minor's Settlement

Published April 30, 2025 · Injury Law Basics

A few weeks after a crash, a parent gets a call from the other driver's insurance company. The adjuster is friendly, the child is healing, and there is an offer on the table. All the parent has to do is sign.

If the injured person is under 18, it is not that simple, and it should not be. In Ohio, a settlement of a child's injury claim is not final until a probate judge approves it. That rule exists to protect children, and understanding it helps parents protect theirs.

Why a parent's signature is not enough

A child cannot sign a binding contract, and a settlement release is a contract that gives up a claim forever. Ohio law handles this through the probate court, the same court that supervises guardianships and estates.

Under R.C. 2111.18, a guardian of a minor's estate "may adjust and settle the claim with the advice, approval, and consent of the probate court." When a settlement is approved, the statute provides that the payment "shall be a complete and final discharge of that claim." That finality is what the insurance company is paying for, and it is why responsible insurers insist on court approval before they will issue a check for a child's injuries.

For the family, the approval process is a safeguard. A judge looks at whether the settlement is fair to the child, whether the attorney fees and expenses are reasonable, and how the money will be protected until the child is grown.

How the process works

The details vary by county, and each probate court has its own forms and local practices, but the general steps look like this:

1. An application is filed in the probate court, describing the injury, the medical treatment, the child's current condition, the proposed settlement, and how the money will be divided among fees, expenses, medical bills, and the child.
2. Supporting information is provided, often including medical records or a report from the treating doctor about the child's recovery and any lasting effects.
3. The court reviews the proposal, and may hold a hearing and ask questions about the injury, the recovery, and the plan for the money. The statute expressly ties the settlement amount to "fees and expenses as allowed by the court," so the judge has the final say on what comes out of the child's recovery.
4. The court enters an order approving (or rejecting) the settlement and directing where the money goes.

Two other features of R.C. 2111.18 are worth knowing. Parents have their own claim for the child's lost services, and the statute allows them to waive it and include it in the settlement. And when the claimant is a minor, the records of the settlement proceeding are not open to the public except on a showing of good cause, which protects the child's privacy.

How the money is protected

What happens to the money depends largely on the size of the settlement.

Smaller settlements. If the net amount to the child, after fees and expenses the court allows, is $25,000 or less, R.C. 2111.18 lets the court approve the settlement without appointing a formal guardian. Under R.C. 2111.05, the court can then order the money deposited in an account payable to the child at 18, or in some cases delivered to a parent or the person caring for the child.

Larger settlements. Above that amount, the settlement is generally handled through a guardianship of the child's estate. The guardian, often a parent, manages the money under the court's supervision, typically in a restricted account, and must account to the court. Withdrawals before the child turns 18 usually require court permission and a good reason connected to the child's needs.

Structured settlements. For significant injuries, some or all of the money may be used to fund guaranteed future payments that begin at 18 or are timed for college. We explained how structures work in our post on structured settlements versus lump sums. Whether a structure makes sense depends on the child, the injury, and the amount.

Deadlines: more time, but not a reason to wait

Ohio's general deadline for an injury lawsuit is two years. R.C. 2305.10(A). For a child, that clock is paused. Under R.C. 2305.16, a person who is a minor when the claim arises may bring it within the normal period "after the disability is removed," which means after turning 18. In most injury cases, that gives a child until age 20 to file.

What about the parents' own claims, such as the claim for the child's medical bills and the parents' loss of the child's companionship and services? R.C. 2305.16 provides that when the interests of two or more parties are "joint and inseparable," one person's disability benefits all of them. Applying that language, the Supreme Court of Ohio held in Fehrenbach v. O'Malley, 113 Ohio St.3d 18 (2007), that a parent's derivative claim for injury to a minor child may be tolled during the child's minority.

That is helpful, but it is not a reason to wait. Claims against government entities, medical-negligence claims, and claims under your own insurance policy can carry their own rules and shorter windows. And evidence does not wait for anyone: witnesses move, video is erased, and the child's early medical records are the best proof of how badly they were hurt. Our guide chapter on deadlines and the timeline of an Ohio injury case covers the different clocks.

The quick settlement problem

Insurers sometimes approach parents early, before the child's injuries are fully understood. Children heal differently than adults, and some injuries, such as concussions, growth-plate fractures, facial scarring, and emotional trauma, may not show their full effect for months or years.

A settlement offered before anyone knows the long-term outlook is almost always too low, and once approved it is final. A careful case will document the child's injuries and future needs, including future medical care, before a number is agreed to. Our guide chapter on what your case is worth explains how those damages are valued.

What this means for you

If your child was hurt, you do not have to navigate the probate court alone, and you should not sign anything an insurer sends you without having it reviewed. A lawyer handles the investigation, the negotiation, and the probate application, and makes sure the money is actually protected for your child. We discussed related issues in our earlier post on when a child is injured, and our personal injury page describes the cases we handle.