Mass. Gen. Laws ch. 231 § 140C 1/2

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 231:140C 1/2 - Court approval of personal injury settlements of claims of minors or incompetent persons

The trial court may review and approve a settlement for damages because of personal injury to a minor or incompetent person in any case before the court where any party has filed a petition for settlement approval signed by all parties. The trial court may make such orders and take such action as it deems necessary to effectuate the disposition of a settlement approval including but not limited to the appointment of a guardian, the appointment of a guardian ad litem, or the holding of an evidentiary hearing. With respect to a settlement for which approval is requested under this section, a guardian or a guardian ad litem appointed by said trial court shall have the same authority as if appointed pursuant to a proceeding under chapter two hundred and one.

Any party to a settlement of a claim of a minor or incompetent person, when such claim is not in suit, may initiate an action by filing a complaint and petition for settlement approval for the purpose of seeking the court's approval of the settlement under this section.

Mass. Gen. Laws ch. 231, § 140C 1/2