Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2200 - ACTIONS FOR WRONGFUL DEATH › Rule 2206 - Settlement, compromise, discontinuance and judgment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No action for wrongful death in which a
				minor or an incapacitated person has an interest shall be discontinued nor
				shall the interest of a minor or an incapacitated person in any such action or
				in a judgment for damages recovered therein be compromised or settled until the
				court, upon petition of any party in interest, shall allow the discontinuance
				or approve the compromise or settlement as being fair and equitable.
(b)
(1)
				When as the result of a verdict, judgment, compromise, settlement or otherwise
				it has been determined that a sum of money is due the plaintiff in an action
				for wrongful death, the court, upon petition of any party in interest, shall
				make an order designating the persons entitled to share in the damages
				recovered and the proportionate share of the net proceeds to which each is
				entitled. If a share shall be payable to a minor or incapacitated person, the
				court shall designate as the person to receive such share a guardian of the
				estate of the minor or incapacitated person qualified to receive the fund if
				there is one or one is to be appointed. The share to be received by the
				guardian of the estate may include a structured settlement underwritten by a
				financially responsible entity that assumes responsibility for future payments
				or a trust as described in subdivision (b)(4)(iii) of this rule.
(2) If the minor has no such guardian, and
				none is to be appointed, the court upon petition may order an amount not more
				than twenty-five thousand dollars ($25,000.00) to be paid for the benefit of
				the minor to the guardian of the person or to the natural guardian or to the
				person or agency by whom the minor is maintained or to the minor.
(3) If the incapacitated person has no such
				guardian, and none is to be appointed, the court upon petition may order an
				amount not more than twenty-five thousand dollars ($25,000.00) to be paid for
				the benefit of the incapacitated person to the guardian of the person or to the
				person or agency by whom the incapacitated person is maintained.
(4) If the minor or the incapacitated person
				has no such guardian, and none is to be appointed, the court may order
(i) any amount in cash of a resident or
				nonresident minor or incapacitated person to be deposited in one or more
				savings accounts in the name of the minor or the incapacitated person in banks,
				building and loan associations, savings and loan associations or credit unions,
				deposits in which are insured by a Federal governmental agency provided that
				the amount deposited in any one such savings institution shall not exceed the
				amount to which such accounts are thus insured, or in one or more accounts in
				the name of the minor or the incapacitated person investing only in securities
				guaranteed by the United States government or a Federal governmental agency
				managed by responsible financial institutions. Every such order shall contain a
				provision that no withdrawal can be made from any such account until the minor
				attains majority or unless the incapacitated person is adjudicated to have
				capacity, except as authorized by a prior order of the court. Proof of the
				deposit shall be promptly filed of record;
(ii) an agreement be executed providing for a
				structured settlement underwritten by a financially responsible entity that
				assumes responsibility for future payments. All moneys paid from the structured
				settlement during minority or incapacity shall be paid into a restricted
				account as provided by subdivision (b)(4)(i) of this rule;
(iii) a trust agreement be executed with a
				corporate fiduciary which is independent from the minor or incapacitated person
				and anyone acting on behalf of the minor or incapacitated person and is
				lawfully authorized to engage in trust business in Pennsylvania or the state of
				the minor's or incapacitated person's domicile, which trust
(i) is designated to receive the
				fund;
(ii) contains such terms for
				investment, disbursement and distribution of the fund as the court deems
				proper; and
(iii) expressly
				provides that it is subject to the court's continuing jurisdiction, including
				the court's right to modify or terminate, for cause shown, although the trust
				may be otherwise irrevocable.