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 [...]
Settlements For Minors
Settlement Professionals Inc. Fast Facts #2 2001.
Settlements for minors:
Thinking outside of the blocked account box:
Traditionally, many minors’ settlements have ended up in blocked savings accounts without consideration to structured settlements. This Fast Facts will demonstrate why a structured settlement may present a more appropriate settlement option for minors than a blocked savings account.
