Court Approval in Settlements

Sometimes when we settle cases, Court approval is required. In Missouri this occurs in two situations: Wrongful Death and a Minor Settlement. In Illinois it occurs if a settlement is made with only one defendant (in my next newsletter/email). We have had a lot of these Court hearings lately.

Court Approval of Wrongful Death Settlements

Under RSMo. 537.080 and .095, the Court must approve a wrongful death settlement. Typically, a Motion or Application for Approval of Wrongful Death settlement is filed with the Court. The lawyer and client appear in Court and the lead plaintiff takes the stand to testify to approve the settlement.

To approve a wrongful death settlement, both the Motion should say, and the lawyer should have their client testify to, the following:

That Plaintiff is ___ relation to the deceased;
That Plaintiff maintain a claim or lawsuit for wrongful death because ___;
That Plaintiff participated in and litigated the case;
That they negotiated a settlement;
That they believe the Court approval of the settlement would be in the best interest of the case and parties;
Identity of all the parties that are entitled to distribution from the settlement under 537.080.1(1);
That notice of the hearing went to everyone with an interest in the settlement;
That Plaintiff employed Burger law to represent them who pursued the case and had a contingency fee contract;
That they understand that if they settle the case and if the Court approves the settlement, that the case will be
completely closed and no further relief may be had from the released parties;
That if the Court approves the settlement, plaintiff will not be able to have jury trial in the case and that a jury
could have awarded more or less than the settlement amount;
They are requesting the Court approve the settlement; and
That the court enter an order approving the settlement, payment of attorneys’ fees and expenses and the distribution of
the settlement to beneficiaries.
Then, typically the Court will approve the settlement if the terms are fair and just. Sometimes, cases are confidential
– in that case you provide the Court with a copy of a document showing settlement, attorneys fees, expense, and
distribution plan directly, but do not put it in the Motion. If a case is not confidential, you put those numbers in
your Motion for Approval.

When You Have a Wrongful Death Settlement

The sudden loss of a loved one due to another’s negligence can place a huge emotional and financial burden on your family. Though nothing can bring your family member back, a wrongful death settlement offers compensation for your losses, which can give you some financial support and a sense of justice.

If you’re in Missouri, you need a wrongful death lawyer from Burger Law to pursue court approval of any wrongful death settlement you accept. We will ensure to follow all required procedures to avoid the disappointment of being denied by the court. A court-approved wrongful death settlement involves several legal considerations, as outlined below:

Eligibility for Filing a Wrongful Death Claim

Missouri state law identifies who can bring a wrongful death lawsuit and divides them into classes.

Class one includes spouses, children and any direct descendants from deceased kids, whether they’re biological or adopted. The class also includes the deceased’s parents, whether biological or adoptive.

In case there are no class one members, class two members can bring a wrongful death claim. These include brothers and sisters of the deceased or their descendants.

Sometimes, it is possible to have multiple class members who are eligible to file a wrongful death claim. In such a scenario, anyone in the class can file the claim, regardless of whether they have obtained consent from the others. Upon the conclusion of the lawsuit or claim, the funds get distributed among the class members.

You must be legally eligible to receive a wrongful death settlement for the Court to approve it.

Statute of Limitations for Wrongful Death Lawsuits

For the Court to approve your wrongful death lawsuit in Missouri, you must file it within three years of the death. Under R.S.Mo. § 537.100, a wrongful death lawsuit that is not filed within this period can be dismissed.

Proper Damages and Compensation

When pursuing a wrongful death settlement, there are certain types of damages recoverable under Missouri law. You can recover economic damages to cover tangible financial losses, such as:

• Medical expenses incurred before death
• Funeral costs
• Lost wages
• Other benefits that the deceased would have provided

The Court may also approve non-economic damages to address intangible losses, including the pain and suffering the deceased experienced before passing. Additionally, the Court might grant compensation for the loss of companionship, consortium, and support provided by the deceased. Missouri law excludes damages for “grief and bereavement because of death.” The Court might not approve a settlement if it includes improper damages.

Elements to Prove Wrongful Death

Courts verify that a wrongful death lawsuit meets the necessary legal standards before granting approval. To secure a wrongful death settlement, you must establish several elements:

• The defendant owed a duty of care to the deceased
• The defendant breached this duty through negligent or intentional actions
• This breach directly caused the death of a loved one
• The death resulted in measurable damages to the surviving family members

Always work with our wrongful death attorneys to increase the likelihood of court approval of your wrongful death settlement.

Court Approval of Minor Settlements

The second situation for Court approval that is necessary is in a minor settlement.

Typically, by Court order (and I require with my clients) that the money be put in a restricted account, a
conservatorship, or structured settlement. This way all the money goes to the benefit, health, education or welfare of
the minor. We have many situations like this.

To approve a minor settlement, there needs to be a Motion for Approval and an Order stating the following:

The age and the date of birth of the minor;
Identify who is the “next friend” of the minor;
There should already be a Motion for Appointment of Next Friend filed with the Court and if not, that needs to be done
with the Motion for Approval;
Sometimes, it is necessary to not use the minor full and name and ask the Court to only use the minor initials or “Jane
Doe.” This is done by a simple Motion moving the Court to use only the initials for reason that the lawsuit includes
personal information, settlement funds and other identifying information of a minor;
That Plaintiff participated in and litigated the case;
That they negotiated a settlement;
That they believe the Court approval of the settlement would be in the best interest of the case and minor;
Shortly describe the incident and why the Motion is being prepared;
State that the settlement of the money and specific sums would be in the best interest of the minor;
Note that the defendant has offered to settlement a that amount and that Plaintiff wishes to accept the settlement;
That the next friend acknowledgement receipt of settlement money they will use the settlement money for the sole benefit
for the minor;
That Plaintiff employed Burger law to represent them who pursued the case and had a contingency fee contract;
That they understand that if they settle the case and if the Court approves the settlement, that the case will be
completely closed and no further relief may be had from the released parties;
That if the Court approves the settlement, plaintiff will not be able to have jury trial in the case and that a jury
could have awarded more or less than the settlement amount;
They are requesting the Court approve the settlement; and
That a court order be issued approving the settlement and directing where the funds go.
Then the question becomes where do you put the money from the settlement for the minor. You can put the money into a
restricted account with a bank pursuant to the statute.

You can also open a conservatorship in probate court. These forms for conservatorship in St. Louis City or County can be
found here and here.

With both conservatorship and restricted accounts, you will have to do yearly reports and accounting to the Court to
show what is happening with the accounts for the minor.

You can also place the money in a structured settlement. This is an annuity where an insurance company or other
investment company holds the money and pays the money out over time. The advantage of this is that you get tax benefits
and this is a good way to safeguard the money.

Wait until the Minor is over the age of 18 to pay them. I usually require additional time to get the money out – I do
not know many 18-year-olds that handle money smartly. Plan for money to pay for college and then wait for a period of
time before the rest of the settlement funds are provided to the recipient.

The tax advantage is that personal injury settlements are not taxable and if you put them in a structure the interest
earned on the money is not taxable either. So, the interest on the money for a certain amount of time gets paid
eventually in the structure and no tax is paid on that.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Schedule a free case evaluation here.

Gary Burger

Litigation attorney

If you have any other questions about how to get a wrongful death or minor settlement approved, please give our office a
call or email for more information.

Contact us at (314) 500-HURT for a free consultation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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