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Rule 73.18.Settlement of Injury Claims of Minors

Last amended July 1, 2026 · Last verified July 1, 2026

In one sentenceRule 73.18 sets the procedure for court approval of a minor’s injury settlement: the guardian, or a parent or custodian when the court dispenses with a guardian, applies in the child’s name with a current physician’s statement, a noncustodial parent gets seven days’ notice, and the child must attend the hearing.

Full Text of Rule 73.18

Text sizeJump to: (A) (B) (C)

(A) An application for settlement of a minor’s claim shall be brought by the guardian of the estate. If there is no guardian appointed and the court dispenses with the need for a guardian, the application shall be brought by the parents of the child or the parent or other individual having custody of the child. The noncustodial parent or parents shall be entitled to seven days notice of the application to settle the minor’s claim which notice may be waived. The application shall be captioned in the name of the minor.
(B) The application shall be accompanied by a current statement of an examining physician in respect to the injuries sustained, the extent of recovery, and the permanency of any injuries. The application shall state what additional consideration, if any, is being paid to persons other than the minor as a result of the incident causing the injury to the minor. The application shall state what arrangement, if any, has been made with respect to counsel fees. Counsel fees shall be subject to approval by the court.
(C) The injured minor and the applicant shall be present at the hearing.
End

Amendment History

Effective Date: July 1, 2026

Plain-English Summary

Division (A) says who brings the application and who hears about it. The guardian of the minor’s estate brings it; if there is no guardian and the court dispenses with the need for one, the child’s parents or the parent or other person with custody brings it. A noncustodial parent is entitled to seven days’ notice of the application, which that parent may waive. The application is captioned in the minor’s name.

Division (B) sets what the application must include: a current statement from an examining physician on the injuries, the extent of recovery, and whether any injury is permanent; any additional consideration being paid to people other than the minor because of the incident; and any arrangement for counsel fees, which are subject to the court’s approval. Division (C) requires the injured minor and the applicant to be present at the hearing.

Frequently Asked Questions

Does the injured child have to come to court?

Yes. Rule 73.18(C) requires the injured minor and the applicant to be present at the hearing.

Does the other parent get notice of the settlement application?

A noncustodial parent is entitled to seven days’ notice of the application, which that parent may waive.

Are attorney fees in a minor’s settlement reviewed by the court?

Yes. The application must state any arrangement for counsel fees, and those fees are subject to the court’s approval.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 73.18). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: minor settlementminor’s injury claimapproval of minor settlement