August 7, 2008

Settlement Professionals Inc.

Archive for the 'Settlement Planning' Category

Settlement Planning… When Can There Be Too Much Of A Good Thing?

Can there be too much of a good thing when it comes to planning the financial aspects of your clients settlement?
There sure can be.
In this short video Jack explains how placing too much of a claimants proceeds into Structured Settlement Annuities can be a bad thing and how too much placed into managed […]

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 […]

Tax Issues for Sex-Abuse Settlements - What Attorneys Need to Know

Image via Wikipedia
IRS Recognizes that the Observable Bodily Harm Requirement may be unfair as applied to Sex Abuse Cases
In 1996, the word “physical” was inserted into IRC 104(a)(2), which essentially mandated that for a settlement to be considered tax-exempt, and eligible for a tax-exempt structured settlement, it must have its origin in physical personal […]

What is medical underwriting, and why is it helpful to obtain a “rated age”?

ANSWERS TO 4 COMMONLY ASKED QUESTIONS
What is medical underwriting, and why is it helpful to obtain a “rated age”?
Medical underwriting is the process annuity companies use to evaluate the remaining life expectancy of an injured or medically impaired prospective annuitant. Life insurance companies offering lifetime annuities will evaluate an injured party’s medical records in an […]

Medicare Set-Aside Arrangements for Third Party Settlements

While we have all heard about MSA’s for worker’s compensation cases, 3rd Party Liability Settlements are becoming an increasing area of interest for CMS (Centers for Medicare & Medicaid Services).   
You may not yet be aware, but on December 29, 2007, President Bush signed the Medicare Medicaid and SCHIP Extension Act of 2007 (“2007 Extension Act”), which […]

Structured Settlements for Wrongful Termination

Using Structured Settlements to Effectively Help Those in a Wrongful Termination Case
When most people initially think of a Structured Settlement they immediately think of a personal injury case.  While Structured Settlements are mainly used in personal injury type cases, they are also extremely effective in other situations such as Wrongful Termination cases.
If you are a […]

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 […]

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 […]

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.

Top Ten Reasons Defense Dictates Your Structured Settlements!

Settlement Professionals Inc. Fast Facts 1, 2000  <== Click to download the PDF
Click the link above to find out the top 10 reasons the defense dictates your Structured Settlement… and exactly how that can end up costing you more in the end.  
In essence, you are buying the shovels they are using to bury you! 
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If you are a […]