Live Webcast/Rebroadcast – You watch the course online at the specified date and time shown below. You can ask questions and receive answers during the course.
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This program was recorded on March 5, 2019
This CLE will not address the valuation of minor’s claims, as each claim is different. If you personally represent the minor, you will have fees that will need to be accounted for within the petition. If you have been retained by an insurance carrier to simply gain approval, your fees are not included in the petition, as the insurance carrier is paying your fee. This distinction is important because, when you are drafting your Petition for Approval, you will need to identify who you represent. If you have been retained by the insurance carrier who is paying the settlement, then that is the party you represent. You have not been retained by the minor or his/her guardian.
First, identify proper guardian. Mother and father are often available, but there can be guardianship issues. If someone other than the natural parent has custody, the court will want to see some type of proof of custody- usually a court order.
Second, review medical records and any photographs of injuries. The court will want to see both of those things in your petition.
Third, determine if there are any economic damages. If a guardian has paid any out-of-pocket expenses for medical care, they are entitled to reimbursement. Some parents will waive this, but some want to be reimbursed. This can be deducted from the settlement. If there are unpaid bills, those must be paid out of the settlement and noted in the petition. Most importantly, check if there is any type of lien for health insurance. Often times, when the insurance carrier provides the case, they do not have the lien statement. You must obtain it on your own. Again, this can be deducted from the settlement, or you can suggest the settlement be increased by any lien amount. This step is imperative. Have the parent confirm the health insurance carrier and take the necessary steps to obtain any lien statement.
Fourth, prepare your petition. You will need to check your local rules to determine the proper contents of the petition.
Krista Corabi has successfully defended a variety of civil lawsuits throughout Western Pennsylvania. Additionally, Ms. Corabi has argued numerous cases in front of the Pennsylvania Superior Court.Ms. Corabi has extensive experience in the Orphan’s Court, including raising estates for deceased individuals and assisting minor children with settlement funds. Ms. Corabi can assist with court approval of settlements, management of settlements, and proper distribution of funds to minor children who reach the age of majority. Ms. Corabi can also advise on the tax consequences of settlements obtained on behalf of a deceased person.
1.5 General Credit
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Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
- The minor’s identity
- Minor’s injuries
- Economic Damages (attach as exhibits)
- Attorney’s fees/litigation costs
- Advise on the tortfeasor, their insurance carrier, the source of the settlement funds
- Verification for the Petition
- Order of Court
- Submit Petition
- Approval and Account set up
- Proof of Deposit