Westmoreland Cnty. C.P. Local Rules of Court RULE WO 5.19

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A petition to compromise and settle an incapacitated person’s claim shall contain, at

minimum, the following averments of fact:

(a) Description of the factual circumstances of the case. These should include the date

of the accident or injury, how the accident or injury occurred, the age of the

incapacitated person at the time of the accident or injury, and identification of the

defendant. If the case involves an automobile accident, the accident report should

be attached.

(b) Type of injury suffered. Medical documentation (e.g. hospital records or a

physician’s report) should be attached to the petition in order to advise the court of

the extent and effect of the injuries. If the medical documentation indicates there

are residual effects, the petition should refer to the specific portions of the medical

documentation which contain such opinions.

(c) Medical expenses incurred. If any portion of the medical expenses is to be deducted

from the incapacitated person’s share of the settlement, the petition should contain

an affirmation that the guardian will not be reimbursed for such expenses from any

other source.

(d) Amount and terms of the proposed settlement. The petition should clearly identify

whom the attorney bringing the petition represents (i.e., the insurance company or

the guardian of the incapacitated person).

(e) Statement regarding the efforts made to secure the best settlement. Where

appropriate, the petition should inform the court whether there is a question of

liability and should briefly address any legal or factual issues which may impede

successful litigation.

(f) An affirmation by petitioner’s counsel that the settlement is the best settlement that

could be obtained. (Note: This could also be in the form of an attached affidavit.)

(g) The attorney fee arrangement. A copy of the written fee agreement must be

attached. In structured settlements, the fee must be based on the present value of

the annuity.

(h) A list of any other expenses which will be deducted from the incapacitated person’s

share of the settlement (e.g. costs advanced for medical reports, hospital records,

filing fees, etc.).

(i) The exact portion the incapacitated person is to receive.

(j) The proposed order should provide in detail the proposed distribution of funds.

The proposed distribution shall conform to the distribution procedures used in the

civil division, under the Pennsylvania Rules of Civil Procedure.

Adopted February 1, 1996, effective May 1, 1996. Rule WO603 renumbered June 6,2017, effective May 29, 2017.

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