Westmoreland Cnty. C.P. Orphans' Rules RULE WO 5.19

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.