Delaware Court Approval of Minor Bodily Injury Settlements
As you are probably aware, all minor bodily injury settlements in the state of Delaware are required to be approved by the Delaware Superior Court. The approval process commences by filing a petition for court approval of a minor settlement, which includes supporting documentation such as affidavits by the minor’s natural parents and treatment records.
Recently, the Court announced to the Delaware bar that all petitions for court approval of minor settlements are required to be filed under seal, which means that the filings with the court are not a matter of public record. To accomplish this, the Court has asked that a Motion for Authorization to File Under Seal be filed with the Court prior to filing the petition. The filing fee for this motion is approximately $16.25, which will be in addition to the approximate $75.00 fee to file a petition for court approval of a minor settlement. The Court has also required that all personally identifiable information related to the minor be redacted before filing the petition/supports with the court.
We will continue to keep you updated on any further developments. If you have any questions, or would like additional information, please contact Seth Yeager, Member of Reger Rizzo & Darnall’s Insurance Practices Group, at 302.477.7105, or via email at firstname.lastname@example.org.