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Minor's Settlement

Pursuant to SupR68

If a settlement is over $25,000.00, a guardian must be appointed to approve the settlement and oversee the proceeds of the minor.

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 non-custodial 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.

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 are subject to approval by the court.

The injured minor and the applicant shall be present at the hearing.