In Pennsylvania, the settlement of personal injury cases, minors, that is, for those who have not reached 18 years of age, requires the approval of a judge. Pennsylvania Rules of Civil Process 2039 requires that all claims, participating as a member of the minor shall be ordered by a court, which approves a settlement of the case. Rule 2039 (a) provides that "any action to which a minor can not be compromised, settled or dismissed, except following approval by the court in accordance with the application submitted by the guardian of a minor."
Petition – is a legal document in which they asked the court to take action. A parent or legal guardian must apply to the court for a compromise minors. This is a legal document that usually must be filed by counsel on your behalf. A petition to inform the Court what the settlement amount, which is considered the case, it will include the relevant medical documents and any legal costs and fees. Father or legal guardian must sign the checks that they consider that the settlement with the & # 39 is a fair and reasonable. The judge then assigns the case to court.
At the hearing the father or legal guardian must be with the child. The Court will examine, first, the settlement will be fair and reasonable. They want to protect the interests of children. The judge will pass a medical card and the current medical condition of the child. The second reason that the court order is required, is that minors can not enter into contracts or agreements, and in Pennsylvania contract signed on behalf of the father of the minor, the minor may be canceled as soon as they turn 18 years old.
Usually, at the hearing the judge will be the father or legal guardian of a minor curse and ask them questions about the medical treatment, the child's condition as an injury has occurred and whether the father understands that the matter is solved finally ..
If the settlement of personal injury of a minor to be approved by the Court, the judge will require that funds are paid to a minor, have been reported to account by the FDIC, until the child is 18 years old. Exemption means is not allowed without the approval of a court decision (which require mitigation circumstances such as medical bills or legal emergencies). When it comes to the insurance company that pays the settlement, then the insurer is aware of these rules. You will need to provide them with a court order approving the settlement before they will send the settlement check.