Understanding Local Rule 10 in Settling a Minor’s Personal Injury Case in DuPage County, Illinois

Settling a minor’s personal injury case involves various legal requirements to ensure the settlement serves the best interests of the minor. In DuPage County, Illinois, Local Rule 10 plays a crucial role in this process. Here’s a detailed guide on Local Rule 10 and its impact on settling a minor’s personal injury case.

Overview of Local Rule 10

Local Rule 10 of the 18th Judicial Circuit Court of DuPage County outlines the procedures for court approval of settlements in cases involving minors. This rule ensures that settlements are fair and that the minor’s interests are adequately protected.

Key Provisions of Local Rule 10

1. Petition for Settlement Approval

Local Rule 10 requires that a petition for approval of the settlement must be filed with the court. This petition must include:

• The Settlement Amount: The total amount of the settlement agreed upon.
• Allocation of Funds: A detailed explanation of how the settlement funds will be allocated, including attorney fees, medical expenses, and other costs.
• Justification for Settlement: A statement explaining why the settlement is in the best interests of the minor.

2. Supporting Documents

The petition must be accompanied by supporting documents, which typically include:

• Medical Reports: Documentation of the minor’s injuries, treatments received, and prognosis.
• Attorney Fees Agreement: A copy of the agreement outlining attorney fees. Under Local Rule 10, attorneys’ fees cannot exceed 25% of the gross settlement unless the attorney provides a sworn statement to justify a higher fee.
• Structured Settlement Details: If applicable, information on any structured settlement arrangements.

3. Guardian Ad Litem

The court may appoint a Guardian Ad Litem (GAL) to represent the minor’s interests. The GAL will review the settlement terms, investigate the circumstances of the case, and provide a report to the court with recommendations on whether the settlement should be approved. For more information on the role of a Guardian in a minor’s personal injury case, visit our previous blog HERE.

4. Court Hearing

A hearing will be scheduled where the judge will review the petition and supporting documents. During the hearing:

• Presentation of Evidence: The attorney for the minor will present evidence supporting the fairness of the settlement.
• Guardian Ad Litem Report: The GAL, if appointed, will present their findings and recommendations.
• Parent or Guardian Testimony: The minor’s parent or legal guardian may testify about the impact of the injury and the adequacy of the settlement.

5. Approval and Disbursement of Funds

If the court approves the settlement, it will issue an order detailing how the settlement funds should be managed and disbursed. Common arrangements include:

• Restricted Accounts: Funds may be placed in a court-restricted account that the minor can access when they reach the age of majority.
• Structured Settlements: Periodic payments may be arranged to provide ongoing financial support.
• Trusts: Establishing a trust to manage the funds for the minor’s benefit.

Practical Steps for Compliance with Local Rule 10

Hiring an Experienced Attorney: Engage an attorney experienced in personal injury cases and familiar with Local Rule 10 to ensure all procedural requirements are met.

Thorough Documentation: Compile all necessary documents, including medical records, expense reports, and any agreements related to the settlement. Accurate and comprehensive documentation is crucial for court approval.

Guardian Ad Litem Cooperation: If a GAL is appointed, cooperate fully with their investigation. Provide them with all requested information and documentation to facilitate their assessment of the settlement.

Detailed Petition: Your attorney will prepare a detailed petition that clearly outlines the settlement terms, allocation of funds, and justification for why the settlement is in the minor’s best interests.

Conclusion

Local Rule 10 is a critical component in the process of settling a minor’s personal injury case in DuPage County, Illinois. By ensuring that all requirements of this rule are met, including filing a detailed petition, providing comprehensive supporting documentation, and cooperating with the court-appointed Guardian Ad Litem, families can help secure a fair and adequate settlement for the minor. This careful adherence to Local Rule 10 helps protect the minor’s interests and ensures that they receive the compensation they need for their future well-being.

Contact the DuPage County Personal Injury Lawyers at John J. Malm & Associates

If your child has suffered an injury as a result of another’s negligence, contact the DuPage County personal injury lawyers at John J. Malm & Associates. As a top-rated Illinois personal injury law firm, we are committed to advocating for the rights of accident victims and ensuring that those responsible are held accountable.