Court approval of settlement of personal injury claim or wrongful death claim.

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(2) A petition to approve a settlement under this section must be accompanied by a declaration under penalty of perjury of the attorney for the personal representative in the personal injury claim or the wrongful death claim:

(a) Stating whether the claim being settled is a personal injury claim or a wrongful death claim;

(b) Describing the incident causing the injury or death;

(c) Describing the injuries;

(d) Stating the amount of the claim;

(e) Stating the amount of the settlement;

(f) Stating the amount of attorney fees and costs;

(g) Stating the amount of payments or reimbursements owed under ORS 30.030 (3) and, in the case of a personal injury claim, under ORS 416.540;

(h) Stating the amount of any personal representative fee attributable to a wrongful death claim;

(i) Stating the reasons for the settlement and the efforts to maximize recovery;

(j) Stating that the attorney has examined the applicable medical records; and

(k) Explaining why it is appropriate to settle the case. [2019 c.166 §3]

Note: See note under 114.441.


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