You file a petition requesting the Court to approve. Hopefully your question is that basic. If you are having a problem getting a Court to approve it is an indication that the settlement may not be appropriate. Of course the simple answer is hire an attorney and pay a flat fee or an hourly fee for this specific issue. I would always recommend that you have an experienced personal injury attorney review the proposed settlement to get a professional opinion concerning the settlement.
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I agree with the previous attorney. You may want to retain an attorney to determine that the settlement is fair and to prepare the infants compromise order.
You have to submit papers to the court including a recent report from a doctor. There is a filing fee.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The child has to be evaluated by a doctor. A petition needs to be filed with the court asking for permission to settle. It can be a complex matter. I agree it would be best to talk to an attorney.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
I can't answer for King's County specifically, but generally, you need to file a Petition, setting forth the nature of the claim, the occurance which gave rise to the claim, the nature and extent of the injuries, whether there is any permanent effect or scar, the amount being settled for and why you think it is a good idea to settle for that amount. All of this has to be put in numbered paragraphs with a "caption" and you will have to file it either in Supreme Court or Surrogate's Court for which you will need an application for an Index nUmber and a Request for Judicial Intervention. The judge will want to meet the child when the hearing date comes up.
You really should consult competent personal injury counsel, for a number of reasons, not the least of which is the sufficiency of the settlement, which the Court will primarily focus on. The paperwork which will get you to that point, is complex, specific & well examined by the Infants' Comp Clerk. If you speak with him at Kings' Supreme, I'm sure you will get a similar response.
My colleagues are right. And the judge can still refuse to authorize the settlement if he/she is not convinced it's in the best interests of the child. Personally, I think you should have an attorney do it. The clerk's office in Brooklyn will refuse to accept a defective petition.
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