29-3-3
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29-3-3.
(a)
For purposes of this Code section, the term 'gross settlement' means the present
value of all amounts paid or to be paid in settlement of the claim, including
cash, medical expenses, expenses of litigation,
attorneýs
fees, and any amounts paid to purchase an annuity or other similar financial
arrangement.
(b)
If the minor has a conservator, the only person who can compromise a
minoŕs
claim is the conservator.
(c)
Whether or not legal action has been initiated, if the proposed gross settlement
of a
minoŕs
claim is $15,000.00 or less, the natural guardian of the minor may compromise
the claim without becoming the conservator of the minor and without court
approval. The natural guardian must qualify as the conservator of the minor in
order to receive payment of the settlement if necessary to comply with Code
Section 29-3-1.
(d)
If no legal action has been initiated and the proposed gross settlement of a
minoŕs
claim is more than $15,000.00, the settlement must be submitted for approval to
the court.
(e)
If legal action has been initiated and the proposed gross settlement of a
minoŕs
claim is more than $15,000.00, the settlement must be submitted for approval to
the court in which the action is pending. The natural guardian or conservator
shall not be permitted to dismiss the action and present the settlement to the
court for approval without the approval of the court in which the action is
pending.
(f)
If the proposed gross settlement of a
minoŕs
claim is more than $15,000.00, but the gross settlement reduced by:
(1)
Attorneýs
fees, expenses of litigation, and medical expenses which shall be paid from the
settlement proceeds; and
(2)
The present value of amounts to be received by the minor after reaching the age
of majority
is
$15,000.00 or less, the natural guardian may seek approval of the proposed
settlement from the appropriate court without becoming the conservator of the
minor. The natural guardian must qualify as the conservator of the minor in
order to receive payment of the settlement if necessary to comply with Code
Section 29-3-1.
(g)
If the proposed gross settlement of a
minoŕs
claim is more than $15,000.00, but such gross settlement reduced by:
(1)
Attorneýs
fees, expenses of litigation, and medical expenses which shall be paid from the
settlement proceeds; and
(2)
The present value of amounts to be received by the minor after reaching the age
of majority
is
more than $15,000.00, the natural guardian may not seek approval of the proposed
settlement from the appropriate court without becoming the conservator of the
minor.
(h)
If an order of approval is obtained from the court based upon the best interest
of the minor, the natural guardian or conservator is authorized to compromise
any contested or doubtful claim in favor of the minor without receiving
consideration for such compromise as a lump sum. Without limiting the
foregoing, the compromise may be in exchange for an arrangement that defers
receipt of part or all of the consideration for the compromise until after the
minor reaches the age of majority and may involve a structured settlement or
creation of a trust on terms which the court approves.
(i)
Any settlement entered consistent with the provisions of this Code section shall
be final and binding upon all parties, including the minor.