Obtaining Court Approval for Settlements Involving Minors or Incapacitated Adults

Personal Injury Settlement, Wrongful Death Settlement

When a minor child or incapacitated adult is set to receive payments in a personal injury suit, wrongful death claim, or medical malpractice case, the insurance company paying the claim will typically seek a court order approving the terms and amount of the settlement and authorizing a fiduciary to sign a binding release against future claims. Colorado Rules of Probate Procedure Rule 16 provides a process by which a conservator, guardian, or parent of a minor or incapacitated person can seek court approval of the proposed settlement.