Ill. R. Cir. Ct. Will Cnty. 5.03

As amended through September 23, 2024

Rule 5.03 - Settlement of Minor's Personal Injury Cases, Wrongful Death Cases, and Actions Under the Survival Statute On Wrongful Death

A. To settle a cause of action for personal injuries sustained by a minor or disabled person, a wrongful death action, or an action under the Survival Statute, a petition shall be filed executed by the legal representative of the minor, the ward or the decedent's estate, and shall recite:

1. A description of the occurrence-giving rise to the cause of action.

2. The name and address of the person or entity against whom the cause of action has accrued.

3. The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence.

4. In a minor's or ward's personal injury case and causes of action under the Survival Statute, a description of the injuries sustained by the minor or the decedent and a list of hospital and medical expenses incurred on behalf of said minor or the decedent as a result of the occurrence. In a minor or ward's personal injury case, a current medical certificate or letter executed by the attending physician dated within thirty (30) days stating the nature and extent of the injuries sustained by the minor and the prognosis for the minor or ward, and estimated cost of future care.

5. In wrongful death cases, the age of the decedent at the time of his death, his occupation, and his annual earnings at the time of his death. The names, addresses, birth dates and relationship of each of the next of kin of the decedent, and a statement by the legal representative of his opinion of the respective percentage of dependency of the next of kin.

6. The terms of any settlement offer and a statement by the attorney for the legal representative, or by the legal representative if he is not represented by an attorney, of his opinion with respect to the fairness of the settlement offer and his recommendations as to whether said offer be approved.

B. In cases where no independent attorney has been employed by the legal representative of the minor or the decedent's estate, the Court will suggest that the representative employ an independent attorney to investigate and make recommendations on the case; but if the representative does not employ an attorney at the suggestion of the Court, then the Court may appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement and to report his findings and recommendations before approval of the proposed settlement. In the event the attorney appointed as guardian ad litem does not recommend the approval of the proposed settlement, he shall not represent the parties having an interest in the case, but he may continue as such guardian ad litem with reference to any revised offer of settlement so long as the legal representative has not engaged his own attorney. The Court shall fix an appropriate fee for the guardian ad litem to be taxed as cost in the case.

C. In wrongful death actions, the Court entering the order approving the proposed settlement shall provide for allocation of the net proceeds of the settlement amount among the next of kin according to the respective percentage of dependency of the decedent. The Court may, in its discretion, hold a hearing for the purpose of determining the respective percentage of dependency by each of the next of kin.

D. In minor's or disabled person's personal injury cases, the attorney representing the minor or the ward in a sworn petition, shall include:

1. Terms of employment, with copy of all contracts or correspondence verifying same.

2. Statement that the fees sought comply with Article VIII of the Illinois Code of Professional Responsibility Rule 1.5 and the basis thereof.

3. Any special circumstances which might bear on the question of fees.

E. If the settlement contains periodic payments or structure, the petition shall contain a statement by a qualified annuitant or broker as the fair market value of the structured settlement portion. Upon good cause shown, the Court may waive this or any of the above requirements.

Ill. R. Cir. Ct. Will Cnty. 5.03

Effective 11/30/2015; Revised 10/1/2023.