A. The name and address of each party who is or may be liable for the ward's claim;

B. The basis for the ward's claim of liability;

C. The defenses, if any, to the ward's claim; and

D. The name and address of each insurance company involved in the claim, the type of policy, who was insured under the policy, and its limits.

(3) Damages.

A. The nature of the ward's claim;

B. The nature of the injuries, if any, sustained by the ward;

C. The amount of time, if any, missed by the ward from school or employment;

D. A summary of the expenses, if any, incurred for medical or other care provider services as a result of the ward's injuries;

E. A summary of income from work lost by the ward, if any, as a result of the ward's injuries;

F. The nature of the damage, if any, to the ward's property;

G. A summary of the expenses, if any, incurred as a result of any property damage to the ward's property; and

H. The identification of the source of funds for payment of any of the ward's expenses and a summary of what expenses have been paid and will be paid by each particular source.

(4) Medical Status.

A. The nature and extent of the ward's injuries and the ward's present condition;

B. The nature, extent, and duration of the treatment required or anticipated as a result of the ward's injuries;

C. The prognosis of the ward's condition, including, when applicable, the nature and extent of any disability, disfigurement, or impairment; and

D. A written statement by the ward's physician or other health care provider shall be attached setting forth the information requested by A, B, and C above.

(5) Status of Claims.

A. For this claim and any other claim that is relevant to the event or transaction giving rise to the claim, the status of the claim and, if any civil action(s) have been filed, the court, case number, and parties; and

B. For this claim and any other claim that is relevant to the event or transaction giving rise to the claim, the name and address of any party having a subrogation right and any governmental agency paying or planning to pay benefits to the ward.

(6) Proposed Settlement and Proposed Disposition of Settlement Proceeds.

A. The name and address of the person(s) making and receiving payment under the proposed settlement;

B. The amount of the settlement, terms of payment, and proposed disposition;

C. If a structured settlement, in whole or in part, the type of arrangement (e.g., annuity or insurance policy), the name of the annuity or insurance company, the rating of the annuity or insurance company, and the present cash value and cost of the annuity or insurance;

D. The amount of court costs, legal expenses, and attorneys' fees (attach a copy of attorney fee agreement and billings) incurred as a result of the transaction or event giving rise to the ward's claim; and

E. Whether there is a need for continuing court supervision, the appointment of a fiduciary, or the continuation of an existing fiduciary appointment.

(7) Attachments.

A. The petition shall list each of the attachments to the petition; and

B. A copy of the proposed settlement agreement and proposed release shall be attached to the petition.

(c) Notice. Notice of the hearing on a petition to settle a claim on behalf of persons under disability shall be given in accordance with C.R.S. § 15-14-405. See also C.R.S. § 15-14-406 and C.R.P.P. 8.1.

Source: Entire rule repealed November 16, 1995; entire rule adopted and effective November 16, 1995.

Law reviews. For article, "Personal Injury Settlements With Minors", see 21 Colo. Law. 1167 (1992). For article, "Personal Injury and Workers' Compensation Settlements for Incapacitated Persons: Part I", see 30 Colo. Law. 43 (January 2001). For article, "Personal Injury and Workers' Compensation Settlements for Incapacitated Persons: Part II", see 30 Colo. Law. 56 (February 2001). For article, "Issues for the Elderly and Disabled Client--Part II: Estate and Health Care Planning", see 30 Colo. Law. 5 (March 2001). For article "Court Approval of the Settlement of Claims of Persons Under Disability", see 35 Colo. Law. 97 (August 2006).