Six Reasons Why It Makes
Sense to Take Advantage of
Our Services
Plaintiff’s Expert
- Just as you would never use your opponent’s expert witness, you would never use their structured settlement expert if you had a choice. Since we only represent the plaintiff side, we are more familiar with and better prepared to address the issues important to you and to your client. Examples include: preservation of federal and state medical benefits, selection of the most competitive and financially secure structured settlement providers, and accurate calculations of the funds necessary to provide for your client’s lifetime income and medical care needs.
Marketing
- Our services add significant value to the settlement process. By offering unmatched professionalism and utilizing the powerful benefits of structures, we ensure that your clients will be very satisfied with their settlement. Such a value-added service will bode well for future referrals from these clients.
Legal Obligation
- Plaintiff attorneys have a responsibility to ensure that their clients are aware of the tax free option that structures offer.The IRS code that pertains to qualified structured settlements is “of the law.” It is codified, and is therefore legal in nature (IRC104(a) (2) & IRC 130 (c).
- By offering your clients the option to structure a portion of their settlement, you are proactively taking the necessary steps to cover yourself in this legal matter.
- We provide our attorney clients with the client acknowledgement forms to be signed by the claimant, proving that the option of structuring the settlement was presented by the plaintiff attorney.
- Significantly, a legal malpractice case arose and was settled in Texas over this very issue: Grillo v. Henry. The essence of the case was that plaintiff attorneys have a responsibility to inform their clients of the settlement options available (i.e., cash as well as structured settlements).
Government Benefits
- Plaintiff attorneys have a duty to ensure that their clients’ government benefits are not forfeited because of the receipt of settlement
proceeds.
- Through the use of Medicare Set-Aside Trusts and or Special Needs Trusts, we will assist you in ensuring that your clients’ benefits are
preserved.
Structuring Fees
- Plaintiff attorneys have the option to structure their fees, thereby minimizing their tax liability and maximizing their investment return.
- We have the expertise in ensuring that all of the proper procedures are followed to take advantage of the powerful option to structure fees. We also have engaged the services of the premiere tax authority on this issue. His expertise, along with a legal opinion letter on the subject, is available to our clients.
- We also have a modeling tool that shows how much of a return you would need to get to equal the benefits of structuring your fees.
Best Interest Test
- Insurance industry statistics from the Rutter Group reveal that 90% of people receiving a cash settlement spend all of the proceeds within 5 years, thereby leaving no money for ongoing medical expenses or other necessities.
- Based upon the level of sophistication of your client, it may be in his or her “best interest” to choose an investment option that is both guaranteed and tailor made according to future financial needs. A structured settlement provides such a guarantee; all payments are, by nature, fixed and determinable. Moreover, they are 100% tax free for life.