Call Us:
Apply now

Petition for Minor’s Compromise and all related pleadings/attachments:

POST SETTLEMENT CASH ADVANCE FOR LAWSUITS

PETITION FOR MINOR’S COMPROMISE IN CALIFORNIA

So what should you expect when your child is involved in a car accident or other personal injury that requires compensation? Below is a brief overview of California’s laws and court requirements for settlements when minors or disabled individuals are involved. We’ll also look at the process of filing a petition for a minor’s compromise in California.


Unfortunately, there are personal injury cases in which minor children are involved. The involvement of minors in settlements brings about several concerns and complications that must be addressed by an attorney and judge. It also requires an agreement between the minor’s parent or guardian and the Court.

WHAT IS A PETITION FOR MINOR’S COMPROMISE?

When minors or persons with disabilities are part of a personal injury case, the Probate Court has to be involved. This Court is a special division within the California judiciary system that is responsible for advocating for minors and incapacitated adults.

This Court requires a written legal agreement to be signed by the parent or guardian of the minor prior to the issuance of any settlement funds. This agreement is the minor’s compromise, which has to be petitioned for and approved by the Court.

The purpose of a minor’s compromise is to ensure the funds are used specifically for the minor’s benefit. Unless the minor or disabled person requires the funds for medical expenses, these funds can’t be accessed until the minor turns 18 years old.

Petition for Minor's Compromise | FCA

contact-us-form

"*" indicates required fields

How can we contact you?*
Custom Checkbox
By providing my contact information and clicking 'submit', I am giving FCA Legal Funding and its partners and affiliates permission to contact me about this and other future offers using the information provided. This may also include calls and text messages to my wireless telephone numbers. I also consent to use of emails and the use of an automated dialing device and pre-recorded messages. I understand that my permission described overrides my listing on any state or federal 'Do Not Call' list and any prior listing on the 'Do Not Call' lists of our partners. I acknowledge that this consent may only be revoked by email notification to info@fundcapitalamerica.com.
This field is for validation purposes and should be left unchanged.

WHAT HAPPENS AFTER A MINOR’S COMPROMISE IS GRANTED?

After a minor’s compromise in California is granted, the court determines where the money will go. Minors benefit from this protective measure that helps safeguard their money. To make this determination, the Court takes into account the following factors:

  • Total amount of the settlement
  • The extend of injuries
  • Litigation costs
  • How the funds will be used

After careful scrutiny, the Court will likely order the funds to be placed in an interest-accruing bank account. This account will be blocked until the minor turns 18 and can access it themself. Of course, if the personal injury results in ongoing medical costs, the money will be channeled towards these needs.

HOW TO FILE FOR THIS PETITION

Several forms need to be filed with the Probate Court for approval. Without the submission and review of these forms, the settlement funds will not be released. These forms are:

  • CIV-010: Application and Order for Appointing Guardian ad Litem
  • MC-350: Petition to Approve Compromise of Disputed Claim
  • MC-351: Order Approving Comprise of Disputed Claim
  • MC-355: Order to Deposit Money into Blocked Account
  • MC-356: Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account

These forms can be filed by either the parent or the guardian at litem (representative appointed by the Court).

Petition Filing | FCA

Frequently Asked Questions

How Do I Obtain an Expedited Petition?

For an expedited petition, a special form titled MC 350EX is required. This expedites the settlement and resolves the claim. For expedited requests, the claim settlement must be up to $50,000 or match the policy limits of all parties involved in the case.

What Are the Filing Costs?

Filing costs for the petition for a minor’s compromise in California vary based on the county where the case is being handled.

Do I Have to Attend A Hearing For The Petition?

A separate hearing is held with the judge and the guardian ad litem, parent, or guardian of the minor. Though recommended, the appearance of a minor or disabled person is not required.

What Are the Required Documents?

In addition to the petition paperwork, the Court requires the following documents: 

  1. Verified Petition: Form MC 350 must be completed by the parent, guardian ad litem, or conservator and submitted with supporting documentation.
  2. Documentary Support: Copies of medical bills and other information supporting the claim for a minor or person with a disability must be included.
  3. Photographs: If any scarring is involved, high-resolution color photographs must be submitted to the Court with the petition for a minor’s compromise in California.
  4. Doctors’ Reports/Letters: These detail the extent of the injuries or disability, as determined by a physician’s examination, and reveal the current condition of the patient, their injury diagnosis, and the prognosis.
  5. Medical Lien Documents: The petition must include documentation confirming the total amount of any medical liens or claims for reimbursement from health insurance providers. It must include the demand letter/letter of compromise (not just a statement balance).
  6. Medi-Cal or Medicare Documents: You must provide a confirmation letter from Medi-Cal or Medicare that details any balance due or reimbursement. Include the demand letter/letter of compromise that states the final balance of a negotiated reimbursement.
  7. Cost Reimbursement Documents: The parent’s or guardian’s attorney can seek reimbursement for costs advanced. To do so, they must provide a clear itemization of these costs.
  8. Cost Reimbursement to the Petitioner: The parent or petitioner can also seek reimbursement. To receive funds, they must provide copies of invoices, canceled checks, or other expense-related documents.
  9. Attorney Fee Requests: If requesting attorney’s fees, the filer must include a supporting declaration that explains why they’re making the request, and have signed an attorney fee retainer agreement.
  10. Bank Name and Address: The name and address of the California-based bank used for a blocked account must be included with the petition.
  11. Annuity Contract: The petitioner must include the annuity company’s name and rating (must be at least A+) with the schedule of payments for the annuity. Once the settlement is approved, a verified copy of the annuity contract may need to be filed at a court hearing.
  12. Special Needs Trust: Copies of all trust documents must be provided to the Court. Contact the clerk for assistance with partial withdrawal of funds or withdrawal of funds when the minor reaches the legal age of majority.

When Can I Avoid a Petition for a Minor’s Compromise in California?

If the net proceeds of the settlement are under $5,000, you don’t need a petition for a minor’s compromise. Judges in California typically allow the child’s parent or guardian to administer these funds independently.

FUND CAPITAL AMERICA MINOR’S COMPROMISE SERVICES

Being a parent or guardian of a minor injured in a car accident can be dreadful and overwhelming. Along with worrying about the child’s health, the parent is also tasked with scores of paperwork just for the settlement payout alone. Fund Capital America understands this struggle and has legal professionals who assist with handling a petition for a minor’s compromise in California.

Fund Capital America helps lessen the burden on parents and guardians by locating and completing all the necessary forms. Our legal experts have years of experience, specialized training, and the knowledge required to promote a smooth and speedy litigation process when minors are involved. Take care of your injured minor child and allow us to handle the legal paperwork. Contact Fund Capital America today.

Has your case settled, but you still haven't received your settlement check? apply for post-settlement funding with fca legal funding

contact-us-form

"*" indicates required fields

How can we contact you?*
Custom Checkbox
By providing my contact information and clicking 'submit', I am giving FCA Legal Funding and its partners and affiliates permission to contact me about this and other future offers using the information provided. This may also include calls and text messages to my wireless telephone numbers. I also consent to use of emails and the use of an automated dialing device and pre-recorded messages. I understand that my permission described overrides my listing on any state or federal 'Do Not Call' list and any prior listing on the 'Do Not Call' lists of our partners. I acknowledge that this consent may only be revoked by email notification to info@fundcapitalamerica.com.
This field is for validation purposes and should be left unchanged.