August 28, 2008

Settlement Professionals Inc.

Archive for the 'structured settlements' Category

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.

Structured Settlement Shenanigans - Have you been B.A.P.’ed?

Settlement Professionals Inc. Fast Facts 2, 2000  <== Click to download PDF
The Hartford is one of the oldest, most venerable insurance institutions in the U.S. They began business in 1810 as Hartford Fire Insurance Company.
They enjoy high ratings from the “big 5″ rating agencies and services. But, like several other insurance groups at the turn […]

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 […]

Using Plaintiff Structured Settlement Specialists

TRIAL April 1999
Structured settlements are an important planning tool to consider when managing the proceeds from a personal injury lawsuit.
Judging from the phone calls, a lot of you have seen my article “Using Plaintiff Structured Settlement Specialists.” I have enclosed a clean reprint for your file.
I submitted the article to TRIAL for several reasons. Of […]

Structured Settlement Profit Centers - The Fireman’s Fund

Settlement Professionals Inc. Fast Facts 4, 1999
Have you ever been involved in a claim settlement with “the Fund” and wondered why they fought so hard to control the placement of the funding vehicle for your client’s structured settlement payments?
You may want to read this….

Factoring Company Abuses

Settlement Professionals Inc. Fast Facts 1, 1999
You have probably seen the ads on television or in print. Factoring companies with names like J.G.Wentworth, Stone Street Capital, Peachtree, etc. offering to provide post-settlement “cash-strapped” claimants a buy-out for their remaining structured settlement payments.
On the face of it, this would actually seem to be a good thing, […]

Undisclosed Financial Relationships With Defense Dictated Structured Settlements

Settlement Professionals Inc. Fast Facts 3, 1998
Under the American Bar Association Model Rules of Professional Responsibility for attorneys, it is a conflict of interest when one person who has loyalty to one party is asked to be loyal also to another party whose interests are adverse to the first party’s interests.

Protect Yourself - Take Control

Settlement Professionals Inc. Fast Facts 2.1, 1998
Under the American Bar Association Model Rules of Professional Responsibility for attorneys, it is a conflict of interest when one person who has loyalty to one party is asked to be loyal also to another party whose interests are adverse to the first party’s interests.

Why Plaintiff’s Counsel Should Take Control

Settlement Professionals Inc. Fast Facts 1, 1998
It’s important to remember the legislative history of structured settlements. Structured settlements were invented by the defense. Prior to 1982 and the adoption of IRC Sec.130, the Defendant / Insurer purchased and owned the annuity as the funding asset,but was left on the hook for future payments if the […]