N2039 Compromise Settlement and Physician’s Statement of Extent of Injury
A petition for minor’s compromise shall be presented at motions court. In cases involving personal injury, the necessary medical documentation establishing the nature and extent of the minor’s injuries, the present condition, and the prognosis shall be annexed to said petition.
Comment: See N208.3.
EFFECTIVE JUNE 17, 2004
Rule 2039(a)(1) - COMPROMISE, SETTLEMENT, DISCONTINUANCE AND DISTRIBUTION
1. A Petition for Minor’s Compromise, Settlement or Discontinuance shall include the following:
(a) The written report of the physician dated within 30 days before filing the Petition;
(b) The statement under oath by the guardian certifying:
(i) the present physical or mental condition of the minor, and
(ii) approval of the proposed settlement and distribution;
(c) A description of the incident giving rise to the cause of action and the nature of the injuries resulting therefrom.
(d) The extent of the recovery from the injury supported by the medical reports as indicated above;
(e) An itemization of all expenses and fees incurred in the treatment of the injuries and the prosecution of the action;
(f) Substantial justification for any counsel fees (other than reimbursement for expenses) in excess of 25% of the gross recovery attributed to the minor.
2. In the event the judge determines sufficient evidence has not been provided, the judge may require additional information including the production of other evidence the judge deems to be necessary for the purpose of determining the proposed settlement, if the proposed settlement adequately compensates the minor and guardian of the injuries sustained.
3. When a compromised settlement is approved, an affidavit of deposit of minor’s funds shall be filed with the Prothonotary of Northampton County within twenty (20) days of the date of the Order approving the settlement.
EFFECTIVE DECEMBER 1, 2010