Structured Settlement AdvocateStructured Settlement AdvocateStructured Settlement notes that personal injury plaintiff attorneys and injury victims need to know about the settlement process. There are many areas during the settlement process that can produce unnecessary risk and loss for the plaintiff...
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Stipulation of Settlement Language - Protecting The Claimant at Mediation
2008-05-12 21:55:00 At mediation defendants like to try and force your clients to make decisions about Structured Settlement s 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 ... More About: Language
The ?Pacheco Case? - Quick Case Study
2008-04-23 18:53:00 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 ... More About: Videos , Study , Quick , Case , Pacheco
New Defense Ploy to Control Injury Victim?s Settlement Dollars
2008-04-11 18:47:00 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 ... More About: Videos , Injury , Defense , Control , Dollars
Tax Issues for Sex-Abuse Settlements - What Attorneys Need to Know
2008-04-11 18:42:00 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 ... More About: Issues , Settlements
What is medical underwriting, and why is it helpful to obtain a ?rated age?
2008-03-21 18:27:00 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
2008-02-13 21:34:00 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 ... More About: Third Party
Structured Settlements for Wrongful Termination
2008-01-12 01:38:00 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
2008-01-10 03:05:00 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 ... More About: Videos , Abuse , Stop , Tort , Settlement
Darer?s Ark Runs Aground
2007-12-18 23:26:00 “I never represented that I never, ever took a fee.” - John Darer, Structured Settlements 4-Real, December 14th, 2007. (Exactly, John. Exactly my point…) So answers John Darer of Structured Settlements 4 Real and builder of “Darer’s Ark” (aka: the Structured Settlement Clean Vendor List) to my allegation that John intended to deceive when he wrote his ... More About: Runs , Agro
Darer?s ?Ark?? What A Hypocrite!
2007-12-14 00:05:00 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 ... More About: Hypocrite , Factoring
Structured Settlement Approved Lists - Bad for plaintiffs and plaintiff att
2007-12-07 20:26:00 Approved lists - Why they are BAD FOR CLAIMANTS and worse for plaintiff attorneys Do you know about approved lists and how the defense uses them to limit the choices of your client? These 3 brief video clips explain structured settlement approved lists and show you what you need to do to protect yourself as a ... More About: Videos , Lists , Settlement
Structured Settlement Industry News - 12/2007
2007-12-07 20:13:00 Here is a bit of recent news that affects the Structured Settlement industry and your practice as a plaintiff attorney. Kaiser?s nine-month profits more than double Kaiser and their subsidiaries announced gigantic jumps in net income, operating income and investment income for the third quarter ending September and the year’s first three quarters, including startling increases sure to raise ... More About: News , Industry , Industry News
Attorney Fee Structures - New program attorneys will want to know about
2007-12-07 02:28:00 Have you structured your fees in the past, but now discover that you have a need for cash? Or, would you like to know about a strategy that allows you to structure a fee now… and then borrow against it to invest or use however you wish? Take a look at the video below. ... More About: Videos , Attorney , Program , Structures
Negotiation Considerations and Conflicts of Interest in Structured Settleme
2007-08-24 23:05:00 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 ... More About: Interest , Negotiation , Conflicts , Consider , Eres
Constructive Receipt Doctrine - Questions and Answers
2004-12-12 16:04:00 - 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 ... More About: Questions , Answers , Questions and Answers
Trial Lawyers! - Long-Tail liability for personal injury lawyers
2004-11-01 23:16:00 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? More About: Personal , Lawyers , Injury , Trial , Long
Low Interest Rates Generate Larger Structured Settlements?!?!
2004-02-01 23:14:00 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. More About: Interest Rates , Rates , Large , Eres
Plaintiff Control of the Structured Settlement Process - Two Successful Cas
2003-12-12 16:02:00 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. ... More About: Control , Process
A More Level Playing Field: Plaintiff?s Use of a Structured Settlement Spec
2003-11-12 16:03:00 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 ... More About: Field , Settlement
How much does that structured settlement really cost the defense?
2003-01-01 23:09:00 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 ... More About: Cost , Defense , Settlement
Structuring Taxable Damage Settlements
2002-09-02 00:09:00 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 ... More About: Damage , Settlements
Can the Defense Get Away With Fraud?
2001-05-01 23:31:00 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. ... More About: Fraud , Defense
Attorney and Guardian Ad Litem Successfully Sued for Legal Malpractice
2001-04-02 01:35:00 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 ... More About: Legal , Attorney , Sued
Settlements For Minors
2001-02-01 18:00:00 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?
2000-02-01 23:04:00 Settlement Professionals Inc. Fast Facts 2, 2000 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 of this century, they are ... More About: Settlement , Shenanigans
Top Ten Reasons Defense Dictates Your Structured Settlements!
2000-01-01 23:04:00 Settlement Professionals Inc. Fast Facts 1, 2000 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! More About: Defense , Reasons , Settlements
Using Plaintiff Structured Settlement Specialists
1999-04-02 00:22:00 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
1999-04-02 00:00:00 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…. More About: Profit , Settlement
Factoring Company Abuses
1999-01-01 22:52:00 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, ... More About: Company
Undisclosed Financial Relationships With Defense Dictated Structured Settle
More articles from this author:1998-03-01 22:51:00 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. More About: Relationships , Financial , Defense , Settle , Closed 1, 2 |
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