Stipulation of Settlement Language - Protecting The Claimant at Mediation
At mediation defendants like to try and force your clients to make decisions about Structured Settlements that will affect the rest of their lives, before your clients have had the chance to meet with their own expert and understand the pro’s and con’s.
Here is a simple strategy that enables you to take control and preserve […]
The “Pacheco Case” - Quick Case Study
This case in New Mexico brought to light one of the tactics used by the defense to try and control the direction and flow of the injury victim’s settlement dollars. In this case, a casualty company tried to force the personal injury claimant to take a Structured Settlement annuity from THEIR wholly owned life […]
New Defense Ploy to Control Injury Victim’s Settlement Dollars
What’s that old saying, “If it sounds too good to be true, it probably is to good to be true”?
Watch this short video and educate yourself on the latest defense tactic designed to get you to let down your guard when it comes to protecting your client and limiting your liability.
(press play to start the […]
Using HIPAA to Stop Abuse of Tort Victims During Settlement Negotiations
Recently a plaintiff attorney that we have worked closely with on multiple personal injury settlements had a case involving a situation where the defense abused the tort victims rights according to HIPAA.
In this video, I discuss this specific situation and give you specific ways that you can protect your client from abuse like this during […]
Darer’s “Ark”? What A Hypocrite!
Rick Bishop and I (and we assume most of the structured settlement brokers and settlement planners in the country) received the most incredible email from John Darer of 4 Structures.com two weeks ago.
In case you haven’t seen it, here’s a copy of the email:
From: Structures@aol.com [mailto:Structures@aol.com]
Sent: Thursday, November 29, 2007 4:56 PM
To: rbishop@structurepro.com
Cc: Meligan@settlepro.com
Subject: Greetings
http://structuredsettlements.typepad.com/structured_settlements_4r/
2007/11/cleaning-up-the.html
Rick/Jack,
Sadly I’ve […]
Negotiation Considerations and Conflicts of Interest in Structured Settlements
As you know, there are inherent conflicts of interest involved in Structured Settlement cases.
For over 20 years, my company and I have been educating Attorneys and Plaintiffs on the importance of seeking assistance from a Plaintiff Loyal Settlement Planner to ensure their interests are protected.
Recently, I came across one of my first articles on this […]
Structured Settlement Case Studies - Two Successful Case Studies
Understanding the value of utilizing a Plaintiff’s Structured Settlement Specialist is the first step in adding a vital new component to your services.
Developing successful strategies for introducing this service into your proceedings is the difficult next step.
Here are a few tactical approaches to consider, and two recent case studies where the approach worked. I believe […]
Constructive Receipt Doctrine - Questions and Answers
- by Broberck Phleger & Harrison
Q. What is “Constructive Receipt?”
A. It’s a doctrine that taxes income before the income is actually received. The two other doctrine tax income are the “actual receipt” doctrine (i.e., you really receive it) and the “economic benefit” doctrine (not applicable to structured settlements).
Q. Where can I find the doctrine in […]
Trial Lawyers! - Long-Tail liability for personal injury lawyers
Settlement Professionals Inc. Fast Facts 11, 2004
Are defendants saddling YOU with potential “long-tail” liability in YOUR settlements, both cash and structured? What EXPOSURE do YOU have?
Low Interest Rates Generate Larger Structured Settlements?!?!
Settlement Professionals Inc. Fast Facts 1, 2004
What?? Interest rates for structured settlements are at a near-historic low. Why would an attorney looking out for the best interests of his client even consider using a structured settlement in this interest rate climate?
Two words: LARGER SETTLEMENTS.
Click the link at the top of this post to download the […]
Plaintiff’s Use of a Structured Settlement Specialist - A More Level Playing Field
Most people would never consider entering a real estate purchase transaction relying only on the seller’s attorney or broker for advice.
By the same measure, you would never suggest your clients rely solely on the advice of Defendant’s experts in deciding how best to settle a personal injury claim.
Then why allow your client to rely solely […]
How much does that structured settlement really cost the defense?
Settlement Professionals Inc. Fast Facts 1, 2003
Macomber v. Travelers Property and Casualty Corp., 261 Conn. 620 (2002) A recent decision from the Supreme Court of Connecticut could be laying the framework to eliminate “rebating schemes” from the structured settlement industry. These “rebating schemes” grew out of the relationships between defense brokers and casualty companies.
In order […]
Structuring Taxable Damage Settlements
Settlement Professionals Inc. Fast Facts 9, 2002
Until recently, structuring of settlements was generally limited to cases involving personal physical injury or sickness. New, innovative developments in the structured settlement industry have expanded structured settlements to include taxable damage causes of action, including wrongful termination, discrimination, harassment, intentional infliction of emotional distress, breach of contract, bad […]
Can the Defense Get Away With Fraud?
Settlement Professionals Inc. Fast Facts 5, 2001
Almost!
While jurisdictions differ on what constitutes arms-length settlement negotiations, a recently-decided New York case has captured the attention of the structured settlement industry.
In 1992, the plaintiffs, Alexander Lyons and his father, commenced a lawsuit against, among others, Medical Malpractice Insurance Association.
The plaintiffs alleged fraud, intentional misrepresentation and negligent misrepresentation. […]
Attorney and Guardian Ad Litem Successfully Sued for Legal Malpractice
Settlement Professionals Inc. Fast Facts 4, 2001
In Texas, an attorney and Guardian ad Litem were successfully sued for legal malpractice for failing to recommend a structured settlement for their client. The case giving rise to this legal malpractice claim was a 1984 medical negligence claim, whereinthe plaintiff, a minor, purportedly suffered injuries at birth due […]
