No average settlement exists for a child hurt in a crash; the amount depends on the injury, the care the child needs now and later, and the insurance available. A court generally must approve the settlement in California, Texas and Washington, and the two- or three-year deadline to sue is generally paused while the child is under 18 in Texas (section 16.001) and Washington (RCW 4.16.190).
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Is there an average settlement for a child hurt in a car accident?
No figure fits your child. Settlement terms are private, and children’s injuries range from bruises to brain injuries. What the CDC does publish is how often it happens: in 2023, 1,019 child passengers age 14 and younger were killed in U.S. crashes and more than 142,000 were injured. That is national data, not a guide to any claim.
A child’s claim is valued on the same pieces as an adult’s, with a few that weigh more:
- Future care. A child may need treatment for years. Growth, school and later work can all be affected.
- Scars and lasting limits. A scar on a young face or a limp affects decades of life.
Why does a court have to approve a child’s settlement?
The review protects the child. A parent’s interests may not line up with the child’s, for example when the parent was driving or when family members share one insurance policy, and Washington’s rule expressly bars a settlement guardian ad litem who represents conflicting interests of the parents. Each state has a judge review the deal, the fees and where the money goes.
| State | Who reviews | Where it is written |
|---|---|---|
| California | Judge, on a verified petition (form MC-350) | Rule of Court 7.950 |
| Texas | Judge, in some cases with a guardian ad litem | Rules 44 and 173 |
| Washington | Judge, usually with a settlement guardian ad litem | SPR 98.16W |
How does a minor’s compromise work in California?
The parent or guardian asks the court to approve the settlement with a petition on form MC-350. Under rule 7.950, the petition must be verified and give full disclosure of everything bearing on whether the settlement is reasonable. The form asks for the child’s medical expenses, including amounts paid by Medi-Cal, Medicare or private insurance, and how any liens are being resolved.
A shorter petition, form MC-350EX, is allowed only in limited cases listed in rule 7.950.5. Among them: an attorney represents the family, no money goes into a trust, there are no unresolved lien disputes, and the total is $50,000 or less or meets the rule’s policy-limits conditions.
The parent and the child must attend the hearing unless the court excuses them for good cause, and the judge can ask for testimony from the child’s doctor (rule 7.952). The court also reviews attorney’s fees: unless it approved the fee agreement in advance, it applies a reasonable fee standard (rule 7.955). The form lists where the money can go, such as an insured account or an annuity subject to withdrawal only with court authorization.
How are children’s settlements approved in Texas?
A child without a legal guardian sues through a “next friend,” usually a parent. Under Rule 44 of the Texas Rules of Civil Procedure, the next friend may compromise the suit only with the court’s approval, and once approved the settlement binds the child.
Under Rule 173, the court must appoint a guardian ad litem when the next friend appears to have an interest adverse to the child, or when the parties agree. When a settlement is offered, that guardian ad litem advises the court whether it serves the child’s interest.
The court can then decide how the money is held. Property Code chapter 142 allows investment under a court decree, management by a bonded manager, or deposits in options such as insured accounts, U.S. Treasury bills, Texas college savings plans or an ABLE account.
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How are children’s settlements approved in Washington?
Washington’s rule is the broadest. Under SPR 98.16W, every settlement of a minor’s claim needs court approval, whether or not a lawsuit was filed. When the petition is filed, the court appoints a settlement guardian ad litem, an attorney with at least five years of relevant experience, who investigates and files a report, generally within 45 days. The court may skip that step if the child already has independent counsel or a guardian who qualifies.
The settlement is paid into the court registry or as the court orders, and fees, medical bills and costs are paid only with court approval. Any attorney seeking fees must file a declaration with the fee agreement attached. If $50,000 or less remains, it can go into a blocked account; above that, the court requires a guardian or a qualifying trust. Orders that send money to a blocked account should name the date the child can receive it at the age of majority.
What to do now
- Get your child checked, even after a minor crash, and keep every record.
- Keep receipts for medical bills, mileage and time you missed from work.
- Look at your own policy. In Texas, personal injury protection pays medical bills for you and your passengers unless rejected in writing (TDI).
- Do not sign a release for your child before a judge reviews the settlement. In Texas, for example, it is the court’s approval that makes the compromise binding.
- Know the deadlines. California’s courts note that a minor’s deadline can be paused (self-help guide), but the adult deadline is two years under section 335.1 and three in Washington under RCW 4.16.080. If a school bus or city vehicle was involved, a claim to the agency is generally due within six months in California (government claims).
- Act early anyway. Witnesses and video disappear long before a child turns 18.
Talk to us about your child’s injury
If your child was hurt in a crash and the insurer is asking you to sign, call Beverly Law at (310) 552-6959. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Common questions
Can I just accept the insurer’s offer for my child?
You can negotiate it, but the settlement generally is not final until a judge approves it. In Washington that is true even if no lawsuit was ever filed.
When does my child get the money?
It depends on the court’s order. In Washington, orders for a blocked account should state the date the child receives the money at the age of majority. In California, the judge chooses among options listed on the MC-350, such as a blocked account or an annuity that can be touched only with court authorization.
Can the money pay my child’s medical bills?
Generally yes. The court reviews the medical bills and liens and approves which ones are paid from the settlement before the rest is set aside for the child.
Does my child have to go to court?
In California the child generally attends unless the court excuses it for good cause. Washington courts may require or waive the child’s presence.
How long does court approval take?
It can add weeks or months after the agreement; in Washington the guardian’s report alone is generally due within 45 days. Our page on settlement delays explains other steps that add time.
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Related pages
Car Accident Settlements · Car accident settlements · Why is my car accident settlement taking so long? · Law Blog
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Sources
- California Courts Self-Help Guide: form MC-350
- California Judicial Council form MC-350 (PDF)
- California Rules of Court, rule 7.950
- California Rules of Court, rule 7.950.5
- California Rules of Court, rule 7.952
- California Rules of Court, rule 7.955
- California Courts Self-Help Guide: statute of limitations
- California Code of Civil Procedure section 335.1
- California Courts Self-Help Guide: claims against a government agency
- Texas Civil Practice and Remedies Code chapter 16
- Texas Rules of Civil Procedure (Rules 44 and 173)
- Texas Property Code chapter 142
- Texas Department of Insurance: auto insurance guide
- Washington Superior Court Special Proceedings Rule 98.16W
- Revised Code of Washington 4.16.190
- Revised Code of Washington 4.16.080
- CDC: child passenger safety
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.