In Pennsylvania, Settlement of personal injury cases involving minors, that is, anyone under the age of 18, requires the approval of a judge. Pennsylvania Rule of Civil Procedure 2039 requires that any claim involving a minor as a party must have a court order approving the resolution of the case. Rule 2039(a) says that “No action to which a minor is a party shall be committed, settled, or discontinued except after approval of the court pursuant to a petition filed by the minor’s guardian.”
A petition is a legal document that asks the court to take action. The parent or legal guardian must file a Petition for Compromise of the Minor with the court. This is a legal document that normally must be filed by an attorney on her behalf. The Petition will tell the Court what the settlement amount is, what the case was about, include relevant medical records, and legal costs and fees. The parent or legal guardian must sign verification that they believe the agreement is fair and reasonable. The judge will then schedule the case for a hearing.
At the hearing, the parent or legal guardian must be present with the child. The Court will first seek to determine whether the settlement is fair and reasonable. They want to protect the interests of children. The judge will rely on the medical records and the current medical condition of the child. The other reason a court order is needed is because minors cannot enter into contracts or agreements and in Pennsylvania a contract entered into by a parent on behalf of a minor can be voided by the minor once he or she turns 18.
Generally, at the hearing, the judge will take an oath from the minor’s parent or legal guardian and ask questions about medical treatment, the child’s condition, how the injury occurred, and whether the parent believes the settlement of the case is final. .
If the minor’s personal injury settlement is approved by the court, the judge will require that funds payable to the minor be deposited in an FDIC interest-earning account until the minor’s 18th birthday. Funds will not be allowed to be withdrawn without a court order. approve (would require extenuating circumstances such as medical bills or a legitimate emergency). If the case involves an insurance company paying a settlement, then that Insurer will be aware of these Rules. She will need to provide them with the court order approving the settlement before they will send a settlement check.