PLAINTIFF ATTORNEYS AND AD LITEMS need to be wary of accepting any structured settlement annuity from the broker representing the party they are suing. Without oversight from a Settlement Specialist representing the plaintiff, the net effect is that you are using the defendant’s expert, who often shares commissions with their client’s insurance company. Should anything … Read More
Plaintiff’s Attorneys
Legal Malpractice Claim is Growing Threat
The revelations of plaintiff attorney and Ad Litem being sued for not proposing a structured settlement annuity to their own client make it imperative that the attorney seek the advice and assistance of a competent Settlement Specialist representing the plaintiff who does not have a conflict of interest, whenever the circumstances warrant. (Without oversight from a Settlement … Read More
What the Plaintiff Attorney and Ad Litem Need to Know About Section 142 of the Texas Property Code Regarding Structured Settlements
Sec 142 of the Property Code involving minors and incapacitated persons has an interesting recent history. Effective 9/01/1999 this law required that a structured settlement could not be provided by an affiliate of the liability insurance carrier involved in the lawsuit or connected in any way to a person obligated to fund the structured settlement. … Read More
Section 468B “Qualified Settlement Fund”
The Qualified Settlement Fund concept was enacted in 1986 under Section 468B of the IRC to enable defendants to deduct amounts paid to settle multi-plaintiff lawsuits before they agreed how these amounts would be allocated. In these cases, the defendants and plaintiffs had agreed how much the defendant or their insurers would pay to settle … Read More
Structuring Attorney’s Fees
The U. S. Court of Appeals for the 11th Circuit affirmed a Tax Court ruling against the IRS that attorneys may structure their fees, holding that taxes are payable on structured attorney fees when the amounts are received.To accommodate the continuing requests for attorney fee structures, certain companies have developed methods of structuring attorney fees … Read More
Attorney’s Indispensable Partner in Settlement Design
We provide expertise in important areas of due diligence that limit exposure to future professional liability claims and enhance the services you provide for the client.Access to an experienced financial professional and former litigation attorney, specializing in designing creative structured settlements for personal injury cases and clients with special needs.* Coordinate the settlement with public … Read More
Settlement Partners Services
Pre-Settlement Services* Develop financial and capital needs analyses* Calculate actual present value cost* Coordinate the settlement with public assistance (SSI, Medicaid, AFDC) and/or private benefit programs* Apply for medical age ratings based on impaired life expectancy* Consider estate planning issues such as taxes and/or replacing caregiver(s)* Design creative settlement proposals to match the claimant’s need* … Read More