Whenever a personal injury case is settled for a minor, the court must give its permission. Without this permission, the settlement cannot be finalized. What follows is a typical petition to the court for such permission.
The Petition of Jane Doe, a minor, by her parent and guardian, Janet Doe, and by her attorney, respectfully represents:
1. Petitioner is Jane Doe, a minor, by her parent and guardian, Janet Doe.
2. The minor was born on November 26, 2003 and her social security number is 199-80-3313.
3. The minor resides with her parent and guardian, Janet Doe at 8 Davis Circle, Meriville, PA 19053.
4. A guardian was not appointed for the minor.
5. The minor's mother is Janet Doe and her father is John Doe.
6. The defendants are Humane Society of Philadelphia and Trio Trains &
Trams, Inc.
7. On April 5, 2006, the minor sustained a thumb injury as the result of an incident that occurred on that date.
8. Attached hereto are true and copies of all of the medical reports regarding the minor's incident-related injuries.
9. These reports show a minor non-displaced fracture through the finger, for which Jane rapidly recovered full range of motion.
10. Attached is a statement under oath of the minor's parent, Janet Doe, certifying the minor's physical and/or mental condition, as well as her approval of the proposed settlement and distribution.
11. The following settlement has been proposed:
To: Jane Doe, a minor, in restricted accounts not to be withdrawn before maturity or upon prior leave of the court - $4,831.52
12. Counsel is of the professional opinion that the proposed settlement is reasonable since there is a significant liability issue in the nature of defendants' notice of the hazard that caused the injury, and the minor had only five visits with medical providers, and rapidly recovered full range of motion of the injured body part.
13. Counsel has incurred the following expenses and reimbursement is sought:
Medical Records $23.22
Prothonotary $219.50
B and R $10.00
14. No other costs have been incurred by or on behalf of the minor that must be paid from the proceeds of the settlement.
15. There are no claims or liens against the plaintiff.
16. Counsel requests a fee in the amount of $2,415.76, which is 33 1/3 percent of
the net settlement after deduction for costs. A copy of the retainer agreement is attached.
17. Counsel has not and will not receive collateral payments as counsel fees for representation involving the same matter from third parties.
18. All of the medical bills for the minors relating to this incident have been paid in full.
19. The net settlement payable to the minor after deduction of costs and
attorney's fees is $4,831.52.
WHERFORE, Petitioner requests that he be permitted to enter into the settlement recited above.
For more information about Evan Aidman, a Philadelphia, PA Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Personal Injury Attorney
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
Click Here for Attorney Aidman's website: Philadelphia, PA Personal Injury Attorney
No comments:
Post a Comment