Fill and Sign the Petition for Authority to Compromise and Settle Claim of a Minor Without Guardianship Divorced Parents Mississippi Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI IN THE MATTER OF       , A MINOR BY:       , NATURAL FATHER/MOTHER AND NEXT FRIEND OF       , A MINOR PETITION FOR AUTHORITY TO COMPROMISE AND SETTLE CLAIM OF A MINOR WITHOUT GUARDIANSHIP COMES NOW       , a Minor, by and through       , natural father/mother and next friend of said Minor, and files this his/her Petition pursuant to the language and legislative intent of Miss. Code Ann. §93 - 13 - 211(1994), seeking a Decree authorizing him/her to compromise and settle a doubtful claim and for payment of money to him/her for said Minor’s use and benefit without guardianship. In support hereof, Petitioner respectfully shows unto the Court as follows: PETITIONER 1. Petitioner,       , is an adult resident citizen of       County, Mississippi, and he/she is the natural father/mother of       , a Minor, the       - year - old child whose date of birth is             ,       .       was divorced from       , said Minor's natural father/mother , in       or       ,       , and at that time was awarded joint custody of the Minor by the       County Chancery Court; however, in       ,       , the       County Chancery Court awarded       full custody and control of the Minor. See copy of Decree attached hereto as Exhibit "       ". Said Minor resides with his/her natural father/mother at their residence located at             ,       County, Mississippi       . 2. The Court has jurisdiction over the parties and the subject matter of these proceedings. 3.       , a Minor, has a contingent and unliquidated claim for personal injuries and damages against       ,       and       on account of an accident which occurred on or about             ,       in       County, Mississippi. The Minor was a passenger in a truck driven by       , an insured driver under a policy of insurance issued to       by       , which truck collided with the rear end of a vehicle driven by       , whose vehicle was stopped in the street while       waited to make a       - hand turn. As a result of this accident, the Minor was injured. Petitioner alleges the accident was the result of       ‘s negligence. 4. The Minor was examined, diagnosed with various cuts and contusions, including a large cut over his/her       and       which extended to his/her       , treated appropriately, and released on             ,       by       . As a result, the Minor incurred medical bills in the following amounts:       - $             - $             - $       TOTAL: $       $       of this amount has been paid by       , who seeks reimbursement for this payment. $       of this amount has been paid by       , the Petitioner's group carrier, which seeks reimbursement for said payment. The $       outstanding balance will be paid from the settlement funds. 5.       represents that       is legally obligated to pay sums to the Minor as a result of the injuries described above, with said legal liability being disputed and denied. Due to the hazards of litigation inherent in any lawsuit and the unpredictability of a jury verdict under the circumstances in question, the claims of said Minor are of a doubtful nature. 6.       has offered to pay       and       's Dollars ($       ) in full and final settlement of any and all liability on account of the personal injuries and other damages allegedly sustained by       , a Minor, in the accident of             ,       . 7.       requests that he/she be allowed to accept the amount offered by       in full and final settlement of the claims of the Minor child resulting from the above described accident.       requests that he/she be allowed to make the following disbursements to the following parties in the following amounts from the settlement finds, via the trust account of       :       - $             - $             - $             - $             - $             - $       TOTAL: $             requests that he/she be authorized, empowered, and directed to hold the remainder of the settlement funds       , for and on behalf of the Minor child without guardianship. 8. The said offer of settlement to the Minor,       , is conditioned upon and cannot be completed without the approval of said settlement by this Court; authorization for the payment by       of the settlement amount; acceptance of said settlement by       , next friend, with Petitioner being allowed to make disbursements to the parties and in the amounts described above, with the remainder of the settlement finds to be held by       , without guardianship, for the use and benefit of said Minor; execution by       of a full, complete, and sufficient Release and Indemnity Agreement, a copy of which is attached to the Petition as Exhibit "       ", being made a part hereof as if fully copied at length herein, discharging, acquitting, and indemnifying       ,       and       , and their associated companies of and from any and all claims, demands, losses, damages, actions, causes of action or suits at law or equity of whatsoever kind or nature that may now exist or may hereafter accrue based upon the alleged injuries to       , a Minor, on account of the accident described above. 9. Petitioner,       , recommends to this Court that the settlement be approved and states that he/she is of the opinion that it is in the best interest and welfare of       , a Minor, that said settlement be consummated as set forth hereinabove. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that: 1. This Court will make a full and complete investigation into the facts pertaining to the accident in which       was injured; 2. If upon investigation this Court is satisfied that the proposed offer of settlement is a fair and reasonable offer and that it is in the best interest and welfare of said Minor that the settlement be made, a decree be granted accordingly, approving and authorizing such settlement; 3.       be authorized to receive and accept the settlement in the sum of       and       's Dollars ($       ), and out of that amount       be authorized, empowered and directed to pay the following, via the trust account of       :       - $             - $             - $             - $             - $       TOTAL: $       Petitioner be further authorized, empowered and directed to receive and hold the remainder of the settlement finds, $       , without guardianship, for and on behalf of the Minor child; 4. The Court will approve the proposed Release and Indemnity Agreement attached hereto as Exhibit "       " and upon payment and/or tender of said settlement to       , that he/she be authorized, empowered and directed to execute in favor of       ,       and       a complete and binding Release of all claims based upon injuries and damages sustained by       on account of the above described accident in the form of the document attached hereto as Exhibit "       " and no other; 5. Bond, inventory and annual accounting be waived until such further order of this Court; and 6. If mistaken in the relief herein prayed for, then your said Petitioner prays for such other, further and more general relief as appears to a Court of equity to be both mete and proper, as in duty bound your Petitioner will ever pray. Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for