Short Answer

Yes—if the paperwork clearly limits the release to your children’s claims and a North Carolina judge approves each minor’s settlement, you can usually reserve and continue your own claim. Do not sign or cash anything that contains a global release of “all claims.” Minor settlements typically require court approval and restricted handling of the funds. Your personal injury claim has its own deadline, which is generally three years for adults; minors’ deadlines are tolled until adulthood.

Understanding the Problem

In North Carolina, can you accept settlement funds issued for your minor children while continuing to pursue your own personal injury claim? You received separate checks and plan to accept on the children’s behalf but reject your individual check. You want to be sure that accepting the children’s funds does not accidentally waive your personal claim.

Apply the Law

North Carolina treats a parent’s injury claim as separate from a child’s claim. A minor’s personal injury settlement is not binding without court involvement, and the money must be handled for the child’s exclusive benefit. Accepting or cashing a check can operate as a release if tied to broad release language, so the release must be capacity-limited (on behalf of the child only) and the parent should not sign individually for their own claims. The Clerk of Superior Court may hold and manage minor funds under statutory thresholds, and court orders often dictate where funds go and how they can be used. The adult’s claim has a standard three‑year limitation period, while minors’ periods are tolled until majority.

Key Requirements

• Separate claims and capacities: Treat the children’s claims and your personal claim as distinct; sign children’s releases only in a representative capacity.
• Court approval for minors: A judge typically must approve each minor’s settlement; the order will direct where funds are deposited and any restrictions.
• Restricted handling of funds: Minor funds are held for the child’s exclusive use and benefit; disbursements before age 18 require need-based findings and documentation.
• No global release: Avoid any document or check endorsement that releases “all claims” or your individual claim if you intend to continue it.
• Deadlines: Adults generally have three years to file; minors’ deadlines are tolled until majority, then run.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 17 (Minors and GAL) - Minors appear through a representative; courts supervise compromises of minors’ claims.
• N.C. Gen. Stat. § 7A-111 (Clerk’s receipt and administration of minor funds) - Clerk may receive and manage certain minor funds; disbursements are for the child’s exclusive benefit.
• N.C. Gen. Stat. § 1-52 (Three-year limitations) - General three‑year limit for personal injury claims.
• N.C. Gen. Stat. § 1-17 (Tolling for minors) - Limitations are paused during minority and resume at majority.

Analysis

Apply the Rule to the Facts: Because your children’s claims are separate from yours, you may accept their settlements if the release language is limited to the children and you sign only in a representative capacity. Obtain a judge’s approval of each minor settlement and follow the court’s direction for depositing the funds (often with the Clerk of Superior Court or a restricted account). Do not sign or cash any check or release that broadly waives “all claims,” and do not cash your personal check if you intend to continue your claim.

Process & Timing

1. Who files: Parent as next friend (or GAL) for each minor. Where: Superior Court in the North Carolina county where the minor resides or where the case would be filed. What: Motion/petition for approval of minor settlement with proposed order and limited-capacity release; the order typically directs deposit of funds (for smaller amounts, the Clerk of Superior Court may receive funds). When: Seek court approval before negotiating or cashing any minor settlement checks.
2. After approval, follow the order to deposit the children’s funds (the Clerk may require identifying information and will invest funds; disbursements before 18 require proof of necessity and receipts). County practices and timelines vary.
3. Continue your own claim separately, track the three‑year statute of limitations, and avoid signing any global release or endorsement that includes your individual claims.

Exceptions & Pitfalls

• Global release language: A broadly worded release or check endorsement can waive your individual claim; insist on children-only release language and sign only in a representative capacity.
• No court approval: A minor’s settlement not approved by a judge may be unenforceable and could jeopardize fund handling.
• Mishandling minors’ funds: Funds must be for the child’s exclusive benefit; disbursements before age 18 require need-based findings and documented receipts. Parents’ support duties are not replaced by the child’s funds.
• Commingling: Do not mix a child’s funds with anyone else’s; follow the court’s deposit instructions (often through the Clerk of Superior Court).
• Deadline drift: Continuing your own claim requires monitoring the three‑year limitation; do not assume the children’s tolling applies to you.

Talk to a Personal Injury Attorney

If you're dealing with minor settlements and want to preserve your own injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.