15.03    Settlement of Minor's or Disabled Person's Personal Injury, Wrongful Death Cases, and Actions Under the Survival Statute Where No Lawsuit is Pending

  1. Each petition for leave to settle a cause of action for personal injuries sustained by a minor or disabled person, a wrongful death action, or an action under the Survival Statute (755 ILCS 5/27-6) shall be executed by the legal representative of the estate of the minor, or disabled person or decedent and shall recite:
    1. A description of the occurrence giving rise to the cause of action.
    2. The name and address of the person or entity against whom the cause of action was accrued.
    3. The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence.
    4. In minor's or disabled person's personal injury cases and causes of action under the Survival Statute, a description of the injuries sustained by the minor or disabled person or the decedent and a list of hospital and medical expenses incurred on behalf of said minor or disabled person or the decedent as result of the occurrence. In minor's or disabled person's personal injury cases, a current medical certificate or letter executed by the attending physician dated within thirty (30) days stating the nature and extent of the injuries sustained by the minor or disabled person and the doctor's prognosis for the minor or disabled person and estimated cost of future care.
    5. In wrongful death cases, the age, occupation, and annual earnings of the decedent at the time of death; the names, addresses, birth dates and relationship of each of the next of kin of the decedent; and a statement of the opinion of the legal representative of the respective percentage of dependency of the next of kin.
    6. The terms of any settlement offer and in a statement by the attorney for the legal representative, or by the legal representative if not represented by an attorney, an opinion with respect to the fairness of the settlement offer and recommendations as to whether said offer should be approved.

  2. Unless waived by the court for good cause shown the court shall appoint an attorney as guardian ad litem to:
    1. investigate the merits of the proposed settlement; and
    2. report findings and recommendations in writing before approval of the proposed settlement.

    An attorney appointed as guardian ad litem who does not recommend the approval of the proposed settlement shall not represent as a private attorney the legal representative but shall, unless otherwise ordered by the court, continue as such guardian ad litem with reference to any revised offer of settlement. The court shall fix an appropriate fee for the guardian ad litem to be taxed as cost in the case.

  3. In minor's or disabled person's injury cases, the attorney representing the legal representative of the minor or disabled person in a sworn petition shall include:
    1. Terms of employment, with copy of all contracts or correspondence verifying same.
    2. Itemized statement of services rendered in conformity with Rule 15.10.

  4. In wrongful death actions, the court shall appoint a guardian ad litem for all minors and disabled persons who are decedent's next of kin. In wrongful death actions, the court entering the order approving the proposed settlement shall provide for allocation of the net proceeds of the settlement amount among the next of kin according to their respective percentage of dependency of the decedent. The court may, in its discretion, hold a hearing for the purpose of determining the respective percentage of dependency by each of the next of kin.
  5. The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers which evidence receipt of any portion of the fund with the court within a time prescribed by the court.
  6. When any settlement funds are to be received by a parent or legal representative on behalf of a minor or disabled person, such funds shall be required to be deposited in an account in a financial institution approved by the court for the benefit of the minor or disabled person, and shall not be withdrawn without approval by court order. The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed which acknowledges receipt of the funds and a copy of the order of the court approving settlement.
  7. The order entered approving settlement shall provide for the appointment of a guardian for the minor's or disabled person's estate and shall require the appointed guardian to file a bond pending proper deposit of the minor's or disabled person's funds in the financial institution approved by the court. Upon the filing of the voucher from the financial institution acknowledging receipt of the funds and a copy of the order approving settlement, the bond may be canceled.
  8. The requirement of a bond to be filed by the guardian of the minor's or disabled person's estate may be waived when the court finds it is the best interest of the minor's or disabled person's estate. In such instances, the attorney representing the interest of the minor or disabled person shall have personal responsibility for depositing the funds in the approved financial institution in accordance with the requirements of paragraph (f) above.

  9. Where a lawsuit is pending, the court may, in its discretion, waive the requirement of filing a petition in accordance with Rule 15.03.

Signed:        10/91
Amended:    1/96; 9/00