Order To Settle Cause Of Action Wrongful Death And Survival Action {CCP 0352}

CCP 0352 - ORDER TO SETTLE CAUSE OF ACTION - WRONGFUL DEATH AND SURVIVAL ACTION. This is a court order issued by the Circuit Court of Cook County, Illinois, Probate Division that authorizes the settlement of a legal claim brought by the estate of a deceased individual. This form is used when the estate’s representative petitions the court for approval of a settlement involving both a wrongful death claim, which compensates surviving next of kin for their loss, and a survival action, which addresses the decedent’s own personal injury claims that survive their death. The order confirms the court’s approval of the settlement amount, outlines the division of proceeds between the two types of claims, and sets forth how funds are to be distributed, including deductions for approved charges (such as legal or medical expenses) listed in Exhibit B. The order further allocates the wrongful death portion of the proceeds among the decedent’s next of kin, according to their proportionate dependency, as detailed in Exhibit C. The survival action portion is distributed directly to the estate. The representative is required to execute a release of liability or covenant not to sue, accept the settlement funds, pay out approved expenses, and later present proof (vouchers) of these disbursements to the court. If any funds are owed to a minor or a person with a legal disability and exceed $10,000, no money may be disbursed until the court appoints a guardian of the estate and approves the appropriate bond or security. www.FormsWorkflow.com