May 16, 2008

Settlement Professionals Inc.

Limiting Plaintiff Attorney Liability

Plaintiff Attorneys:

By neglecting to recommend that your client discuss their pending settlement, (and all of the settlement options available to meet their needs) with a professional, objective plaintiff-loyal settlement planner, you, as their attorney, may be exposing yourself to legal malpractice liability

Pointing fingerIn Macomber v. Travelers Property & Casualty Corp. and Lyons v. Medical Malpractice Insurance Assoc., plaintiff attorneys have been sued for the harm sustained by their clients at the hands of the defense-provided structured settlement brokers.

Limit Your Liability and Protect Your Client

As mentioned above, recent court decisions have resulted in plaintiff attorneys being successfully sued for the harm sustained to their clients at the hands of the defense-oriented structured settlement brokers.

For reference see:  Plaintiff Attorneys Exposed to Claims by Their Clients (Word Document)

Many Plaintiff Attorneys are unsure of their duties and obligations when it comes to the financial aspects of the settlement.  As court decisions have shown, Plaintiff Attorney duties stretch beyond simply notifying the claimant of Structured Settlements.

Structured Settlements are NOT right for everyone:  Every claimant should be advised of ALL of their settlement options so they can make a well informed decision as to what is right for them.

The best way to help insulate you from liability and protect your clients’ interests during the financial aspects of your cases is to retain your own plaintiff-loyal Settlement Planner.

Other Resources:

  

Settlement Planning Case Studies

Each claimant and situation is unique, which is why we take a personalized approach to creating a solid Settlement Plan that helps your client reach their goals and fulfill their financial needs.

To illustrate specific real world cases where we were able to create solid Settlement Plans to directly address the short and long-term needs of the claimant, follow the link below:

==> Settlement Planning Case Study 1 and 2

You will see in both case studies how the comprehensive Settlement Plans created for each claimant truly addressed their specific needs and placed them in the best possible post-settlement situation.

  

Why Retain Your Own Plaintiff-Loyal Settlement Planning Specialist?

  • Your client should not rely on the advice from the Defense Loyal “specialist” to be in their best interest 
  • You regain a balance of power in the negotiations
  • Structured Settlements are NOT right for everyone.  As settlement planners we help you and your client look at ALL of the options, explaining the pros and cons of each… and whether or not each option will help them meet their needs and goals
  • There is usually NO COST to you or your client for our Settlement Planning services
  • Your E&O coverage likely does not cover any financial advice you give your client; leaving you open to unecessary liability
  • You provide your client with better overall representation, resulting in a happy client
  • Bringing in an expert in the financial aspects of the settlement will limit your liability and fulfill the need to inform your client of their financial options during settlement
  • We work exclusively for the Plaintiff side everyday. Over the years we have developed and refined negotiation tactics that help you gain an edge over the defense during the financial aspects of the settlement

Limit Your Liability - Contact Us Today

  

Why Work With Settlement Professionals Inc.?

With YOUR LIABILITY and YOUR CLIENT’S WELL BEING on the line, you cannot afford to retain less than the best.

Settlement Professionals Inc. has built a solid reputation of being the nations leading Plaintiff Loyal Settlement Planner.  For over 22 years, we have helped plaintiff attorneys and claimants protect their interests and take back control of the settlement process.

Our president, Jack Meligan CSSC, BCFE, is recognized as one of the top Plaintiff Loyal Settlement Planners in the nation and was the founding president of the Society of Settlement Planners. 

See what other top Plaintiff Attorneys and injury claimants have had to say about Jack Meligan and Settlement Professionals Inc.

==> View some of our testimonials

  

How Does Our Settlement Planning Process Work?

The Settlement Planning process is a comprehensive approach designed to ensure that the settlement meets the needs of the claimant, and no one else.   By fully advising the claimant on ALL of their financial options and shifting the control of the settlement away from the defense, this process removes the liability inherent in the financial aspects of the settlement from your shoulders and ensures your client is protected.

Below is a brief overview of our Settlement Planning process. 

  1. Prior to mediation:  (30,60, 90 days) Your client receives a Letter of Introduction explaining who we are, our qualifications, and what we do.
  2. Prior to, or at, mediation:  Our team assists the Plaintiff Attorneys on intelligence and negotiation tactics of the defendants, while engaging the tort victim in concept discussion of settlement planning.
  3. Time of Settlement: If the defense has their own Structured Settlement broker, we will seek disclosures from same regarding rebates or kickbacks to the casualty insurer or any existence of approved annuity lists that may limit the plaintiffs freedom of choice.
    1. After disclosure to the tort victim and Plaintiff Attorney, we obtain authority of the client as how to proceed.
  4. The case is settled without committing your client to any 1 (one) strategy.
  5. Post-Settlement:  We meet with your client for in-depth planning designed to educate them to assist in making decisions that have their best interests in mind, an no one else.
  6. Delivery of Settlement Plan: We provide the client with their custom Settlement Plan and information on our recommendation based on their goals and needs.
    1. Full Market SurveyIf Structured Settlement annuities are deemed to be appropriate for the tort victim to meet their future needs, we obtain bids from EVERY COMPANY IN THE MARKETPLACE and a full market survey so all prices and financial ratings are fully disclosed to the client.
  7. Execution of the Settlement Agreement:  The settlement agreement is executed with the defense, which may or may not include structured settlement annuities, as per consensus of tort victim and ALL of their advisors.
  8. Annual review as necessary

The entire settlement planning process is designed to limit your liability and protect your clients interests to the highest degree possible. 

  

What Is Your First Step To Limiting Your Liability and Protecting Your Client?

The first course of action you should take is to contact us to briefly discuss your case and allow SPI to become your firewall for the financial aspects of your case. 

If you have a particular case you would like to discuss or simply have questions regarding Settlement Planning or Structured Settlements, do not hesitate to contact us today.

 

Plaintiff Attorneys - Limit Your Liability - Contact Us Today

 

Other Important Resources for Plaintiff Attorneys:

 

 

Limit Your Liability - Call Us Today

Filed under: Blog