Wisconsin lawyer Frank Pasternak spoke to Wisconsin paralegals on February 27, 2004, discussing Wisconsin Minors Settlements in personal injury and wrongful death cases at the Radisson Hotel & Conference Center in Green Bay, Wisconsin. He was asked to speak at the seminar after giving a similar presentation on October 17, 2003, to the Wisconsin Academy of Trial Lawyers at their Tort & Technique Seminar at The Edgewater, Madison, Wisconsin. As of that date, the following was the "Minor Settlements" statute:
Wis. Stats. §807.10 states:
(1) A compromise or settlement of an action or proceeding to which a minor or mentally incompetent person is a party may be made by the general guardian, if the guardian is represented by an attorney, or the guardian ad litem with the approval of the court in which such action or proceeding is pending.
(2) A cause of action in favor of or against a minor or mentally incompetent person may, without the commencement of an action thereon, be settled by the general guardian, if the guardian is represented by an attorney, with the approval of the court appointing the general guardian, or by the guardian ad litem with the approval of any court of record. An order approving a settlement or compromise under this subsection and directing the consummation thereof shall have the same force and effect as a judgment of the court.
(3) If the amount awarded to a minor by judgment or by an order of the court approving a compromise settlement of a claim or cause of action of the minor does not exceed $10,000, exclusive of interest and costs and disbursements, and if there is no general guardian of the ward, the court may upon application by the guardian ad litem after judgment, or in the order approving settlement, fix and allow the expenses of the action, including attorney fees and fees of guardian ad litem, authorize the payment of the total recovery to the clerk of the court, authorize and direct the guardian ad litem upon the payment to satisfy and discharge the judgment, or to execute releases to the parties entitled thereto and enter into a stipulation dismissing the action upon its merits. The order shall also direct the clerk upon the payment to pay the costs and disbursements and expenses of the action and to dispose of the balance in one of the manners provided in s. 880.04 (2) as selected by the court. The fee for the clerk's services for handling, depositing and disbursing funds under this subsection is prescribed in s. 814.61 (12) (a).
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If you wish to know whether the firm can help with a Wisconsin minor settlement, personal injury or wrongful death case, please call (262) 785-0802 or send email to attorney@frankpasternak.com. Wisconsin personal injury lawyers may only practice law in Wisconsin. Wisconsin personal injury attorneys may however work at no added fee or expense with personal injury lawyers and wrongful death attorneys outside Wisconsin and Wisconsin personal injury lawyers may be admitted to practice on a temporary basis outside Wisconsin. Thus, the firm may help with Wisconsin Personal Injury cases and with cases outside Wisconsin. All inquiries are free without obligation.