Technicalities involved in Settling of a Minor's Estate in a PersonalInjury Matter

In situations where minor's have been involved in a personal injury accident, Illinois rules generally contemplate that a Judge should rule on the fairness of a proposed settlement, adjudicate the reasonableness of fees, and expenses attributable to the litigation under the attorneys' contingent fee arrangement. Florkiewicz v. Gonzalez, 38 Ill.App.3d 115, 347 N.E.2d 401 (1st Dist. 1976).

In order to have a settlement approved, a guardianship or a conservatorship must be established.  A guardian ad litem may need to be appointed as an independent representative of the minor.

Several steps will need to be taken in probate court including:

1. petition to settle claim,

2. response of the guardian ad litem, and

3. order allowing the petition to settle claims.

Representing a minor is a serious responsibility, and it is important that an experienced and expert injury attorney is consulted in order to protect the minor's interests.