Free Case Evaluation
FILL OUT THE FORM BELOW
TO REQUEST YOUR CASE REVIEW
Why Every New York Child Injury Settlement Goes Before a Judge
In New York, a settlement of a child's injury claim does not bind the child until a judge approves it, whatever the amount.
The approval is called an infant compromise, and it runs under CPLR 1207 and 1208.
Until the judge signs the order, the insurer's payment waits.
At the hearing, the judge looks at the injury, the medical proof, the lawyer's fee, and where the money will be held until your child turns 18.
The fee cannot exceed one-third of what is left after approved expenses unless the judge allows more.
The money itself usually stays out of reach until 18, in an account or a structured settlement the court controls.
If an insurer has offered to settle your child's claim, call (888) 713-6653 and read us the offer before anyone signs. The review is free.
- $100+ million recovered w/ 98% recovery rate
- Trial-tested w/ award-winning track record fighting for the injured
- Free Legal Evaluation - You Pay Nothing Unless We Win
Who Asks the Court to Approve the Settlement Under CPLR 1207
A parent with legal custody usually makes the request, unless the court has already appointed a guardian of the child's property or a guardian ad litem, in which case that guardian does.[1]
If a lawsuit is already pending, the request is a motion in that case. If the claim settled before any suit was filed, the parent starts a short special proceeding instead, in any court that could have heard a lawsuit for that amount. In New York City, the Civil Court can approve settlements up to $50,000, and the Supreme Court can approve any amount.
The judge's order has the effect of a judgment, and it approves the lawyer's fee at the same time.
New York's highest court held in 1961 that a child's settlement made without court approval, before or after a lawsuit, cannot be enforced against the child.[2] A release a parent signs on the side does not close the child's claim, which is why an insurer that wants a final release insists on the order.
Children's claims come from every kind of case, from a fall from an apartment window with no guard to lead paint in an older building, and every one that settles ends in the same courtroom step.
What the CPLR 1208 Papers Tell the Judge About Your Child
The judge decides most of what matters by reading. CPLR 1208 sets out what the papers have to say.[3]
- The parent's affidavit. Who you are and your relationship to the child, how the injury happened, every doctor who treated the child, the medical bills, the time the child was disabled, the child's condition now, the settlement terms and how the money will be divided, and whether anyone in the family has a claim from the same accident.
- The lawyer's affidavit. Why the lawyer recommends the settlement, the work done on the case, and a statement that the lawyer has taken nothing from the other side and has no interest that conflicts with the child's.
- Medical reports. At least one doctor's or hospital report. Some courts want more; the Bronx Supreme Court and at least one Brooklyn part ask for a doctor's affirmation based on an examination within the last six months.
- The bills and who pays them. Every doctor's and hospital's charge and what is still unpaid. Those bills are generally paid from the parent's own claim for the child's medical expenses rather than from the child's share.
On the hearing date, the parent, the child, and the lawyer all attend unless the judge excuses them for good cause. The Bronx Supreme Court expects the child there in all but the most compelling circumstances, and asks for the consent of a child over 14.
A gap in these papers can push the hearing to another date, and the payment waits with it.
Where to File in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
Settlements up to $50,000 can go to the Civil Court's infant compromise office in the borough. Anything larger goes to the Supreme Court, Civil Term, and a case already pending there stays there.
| Borough | Civil Court Infant Compromise Office (up to $50,000) | Supreme Court, Civil Term (any amount) |
|---|---|---|
| Manhattan | 111 Centre Street, Room 118 | 60 Centre Street |
| Brooklyn | 141 Livingston Street, Room 906 | 360 Adams Street |
| Queens | 89-17 Sutphin Boulevard, Room 357, Jamaica | 88-11 Sutphin Boulevard, Jamaica, and 25-10 Court Square, Long Island City |
| Bronx | 851 Grand Concourse, Basement, Window 10 | 851 Grand Concourse |
| Staten Island | 927 Castleton Avenue, Basement | 26 Central Avenue |
Practice varies by judge. In Brooklyn's Supreme Court, at least one part requires filing through the court's electronic system, an in-person hearing, and a letter showing whether New York City holds a lien on the recovery. Offices checked October 2026.
Getting the courthouse and that judge's requirements right the first time is the fastest way to a signed order.
How Much of the Settlement Can Go to the Lawyer?
On a child's case, the court sets the fee. Judiciary Law § 474 makes any fee agreement with a child's parent or guardian subject to the court's power to fix the amount, and the court rules cap it at one-third of what remains after approved expenses unless the judge specifically allows more.[4]
The expenses that come off first are listed in the rule: police and accident reports, photographs, deposition transcripts, serving the papers, expert fees, and other items the court approves. A lawyer cannot charge interest on those expenses without the court's express approval.
In a malpractice case, New York's sliding scale for malpractice fees also applies, from 30 percent of the first $250,000 down to 10 percent of anything over $1.25 million, and for a child the court still fixes the final number. When a birth injury settlement sends future care costs to the state fund for birth-injured children, the fee is still figured on the full amount.
The judge weighs the fee against the work the case took, so the figure in the order can come in below the figure in the retainer.
Where Your Child's Money Sits Until 18
The default under CPLR 1206 is that the money goes to the child's guardian of the property, held for the child's benefit.[5] The order often directs one of these instead.
- A court-controlled bank account. The money is deposited in an insured bank in the child's name, often held jointly with a bank officer, and nothing comes out before 18 without a court order. At 18 the bank pays your child directly, with no further order, unless a court has said otherwise.
- A structured settlement. An annuity from an insurer approved by the state pays the recovery out on a schedule the order sets. Our page on choosing between a structure and a lump sum covers the tradeoff.
- Payment to the parent for small recoveries. When the child's share is $10,000 or less, the judge can let it be paid to the person the child lives with, to hold for the child.
Taking money out before 18 means a separate petition that states the purpose and the cost, and the court seldom allows it when the parents can afford the expense themselves. For a child whose injury brings lifelong care or public benefits, a special needs trust may protect that eligibility better than a plain account.
The order the judge signs controls the money for the rest of your child's minority, so the account is worth planning before the hearing.
A child's injury has to be valued against years that have not happened yet. The settlement has to pay for what this injury will mean at 15 and at 25. A fair settlement must account for what that child may need for decades to come.
How Long a New York Child Has to Bring an Injury Claim
For most injury claims, a New York child has until three years after turning 18, because CPLR 208 pauses the clock during childhood.[6]
Malpractice is the exception. The extension cannot reach more than ten years past the malpractice, so a birth injury claim can expire while the child is still young, as our page on the ten-year limit on a child's malpractice claim explains.
The pause does not cover a notice of claim. A claim against the City, a public hospital, or another public body still needs its notice within 90 days, and a judge deciding whether to accept a late notice treats the child's age as one factor among several. The details are on our page about filing a notice of claim against a public body.
A longer clock helps only if the proof survives it, and photographs, witnesses, and building records can be gone long before a child's 21st birthday.