Pursuant to PA Law, Court approval is required whenever there is a settlement of a minor’s personal injury claim. These are the necessary steps to successfully conclude a minor’s dog attack case:
- The attorney for the dog bite victim and the insurance representative for the dog owner reach a tentative settlement.
- Specific language for the legal Release(s) must be agreed upon.
- If the proposed settlement is $50,000.00 or more, it is most likely in the child’s best interests to select a Structured Settlement Annuity from an A+ rated financial institution.
- All appropriate documentation must be signed and timely presented in order to obtain the tax-free benefits of the Structured Settlement Annuity.
- A Minor’s Compromise Settlement Petition must be filed with the Court of Common Pleas, Orphans’ Court Division which has jurisdiction over the attack and/or the Minor Petitioner.
- Court approval must be obtained.
- Some Counties require a Hearing with parental involvement; others do not.
- The SSA must be funded.
- An Affidavit of Annuity Funding must be filed with the Court proving that the SSA has been funded and all necessary Releases, paperwork, etc. have been exchanged/completed.
The settlement of a minor’s case is complicated. Attorney Thomas J. Newell has efficiently handled dozens upon dozens of these claims. Call him today at 800-980-4842 for a free home consultation regarding your child’s dog attack claim.