Q: What is the Infant Compromise Order?
A: Before a case can be settled involving an infant plaintiff, the plaintiff's attorney must submit papers to the judge on the case to obtain the judge's approval of the settlement--that the "settlement is in the best interests of the infant." Thus, the attorney submits to the Court an affidavit from the parent guardian agreeing to the settlement, an affirmation of the attorney recommending that the Court approve the settlement, which also list all of the fees and expenses involved in the settlement (as well as the exact amount of the settlement proceeds), and an affidavit from the treating physician indicating that the infant will not require further medical treatment for his or her injuries or has reached maximum medical improvement. If the judge approves these papers, the judge schedules an infant compromise hearing and issues an Infant Compromise Order at the hearing confirming the settlement.
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