Keeping the Lawsuit End in Mind

2 key points to stay focused on, as you are settling your lawsuit; a quick and fair settlement and consideration for current and future needs. The process of settling a lawsuit can be a tedious and mysterious event. Relying on your busy attorney to keep you informed can be an exercise in frustration. The entire process can seem as slow as molasses. Compounding the pain could be the financial and emotional difficulties caused by the source of the lawsuit itself.

On the other hand, legal representatives on both sides are contriving the fairest possible terms that both sides can find acceptable. Looking at the same problem from two different sides can generate two very difficult ideas of what is fair. Thus the negotiations can take more time than what would seem appropriate. But in most cases everyone is looking to complete the matter quickly and fairly. You will best serve your case by having reasonable expectations and demands, and being prepared to negotiate. I would recommend that you start high of course.

Planning for future needs is an important part of the settlement process. In some cases a set lump sum amount is the simplest and most efficient means of awarding and closing the lawsuit. Often a consequence of the case is some injury or need that a structured payout can best address. Children losing a parent, a worker losing the means to produce are just two of many examples of situations where future periodic lumps could be most advantageous. Monthly payments to help with regular financial needs, and periodic lumps to meet major life needs like college, home buying, retirement, etc.

There is also a belief that a lump sum up front gives the recipients the opportunity to invest on their own. This may or may not be the best option depending on the current and future needs of the plaintiff and the access to the best possible investment guidance to safeguard their financial investment. Either way, focusing on a quick and fair settlement, that has current and future monetary goals in mind, is in the best interests of all parties.

Jason Rigler

Settlement Advocate and consultant for Prosperity Partners Customer Service Department.

In The News:

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Congress' duty to investigate structured settlement fraud  The HillCongress' good intention with these structured settlements has devolved into a system of deception and financial swindling.
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The Beginnings of Structured Settlements  ClaimsJournal.comCurrently an estimated $5 billion industry, structured settlements were once considered too risky because tax implications for insurers and claimants.
Insurer Great-West Lifeco seeks to sell $2 billion worth of contracts: sources  ReutersGreat-West Lifeco Inc , Canada's second-biggest insurance company, is exploring the sale of a collection of insurance contracts that could fetch as much as $2 ...
Independent Assignment Company Announces Strategic Contract with ALM Media  PR NewswireDALLAS, May 15, 2018 /PRNewswire/ -- Company officials today announced that Independent Assignment Company (IAC) will contract with ALM Media to help ...
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Attorney General's office and attorneys spar over settlement for lead paint victims  Baltimore SunThe Maryland Attorney General's office is seeking to block a settlement for lead paint victims who sold off their structured settlements for pennies on the dollar.
Some structured settlements may offer significant advantages  CBS NewsStructured settlements don't seem to be a good deal for investors, but their non-securitized counterparts might be.
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Rising Capital Associates Announces 'Structured Settlements' Scholarship  PR NewswireDELRAY BEACH, Fla., Dec. 1, 2016 /PRNewswire/ -- Rising Capital Associates, a leading structured settlement purchaser and annuity buyer, is giving a $1000...
JG Wentworth markets $140.5M structured settlement ABS  Asset Securitization ReportJ.G. Wentworth is sponsoring its second securitization of the year in a $140.5 million bond sale backed by receivables from term structured-settlement ...
Lottery decision — lump sum or 30 years of payouts?  Marketplace APMWhen you inevitably win the Mega Millions jackpot lottery (just kidding, the odds are 1-302,575,350), you're going to have a lot of decisions to make: which ...
Yanela Frias to lead Prudential's Structured Settlements business  Business WireYanela Frias has been named head of Prudential Retirement's Structured Settlements business. A financial services industry veteran, she has worked acr.
Traders Are Bullish Asta Funding, Inc. (ASFI) After The Stock Formed Wedge Up Pattern  MoneyMakingArticlesInvestors sentiment decreased to 0.5 in 2018 Q3. Its down 0.13, from 0.63 in 2018Q2. It fall, as 3 investors sold Asta Funding, Inc. shares while 3 reduced.
Think Twice Before Selling a Settlement  NerdWalletIf you're getting regular payments from an annuity or other structured agreement, "factors" may offer to buy it. Think twice before selling a settlement.
Geoffrey P. Kissel Installed as the New President at NSSTA  PR.comThe National Structured Trade Association announces New President, Geoffrey P. Kissel and New President-Elect Michelle Caine. Two new Board Members, ...
Asta Funding Inc (NASDAQ:ASFI) Institutional Investors Sentiment Index Crashed in Q3 2018  MoneyMakingArticlesAsta Funding Inc (NASDAQ:ASFI) institutional sentiment decreased to 0.5 in 2018 Q3. Its down -0.13, from 0.63 in 2018Q2. The ratio has dropped, as 3 ...
The flawed system that allows companies to make millions off the injured  Washington PostFirms make tens of millions off some of the state's most vulnerable residents who at times exchange lifetimes' worth of income for pennies on the dollar.
Guardianship vs Settlement Trust: Which is the better solution?  Legal ExaminerWhen a person is injured, they can suffer any number of life-changing medical complications. In some cases, they may be rendered incapacitated. Legally, this ...
How Analysts Feel About Asta Funding, Inc. (ASFI) After Forming Wedge Up Pattern?  MoneyMakingArticlesInvestors sentiment decreased to 0.5 in 2018 Q3. Its down 0.13, from 0.63 in 2018Q2. It worsened, as 3 investors sold Asta Funding, Inc. shares while 3 reduced.
New Appeals Clarify Interplay Between Collateral Benefits and Damages Awards in MVA Claims  LexologyOn December 4, 2018, the Ontario Court of Appeal released its reasons for decision in the companion appeals Carroll v. McEwen (Carroll) and Cadieux v…
Structured Settlements, Annuities & Special Needs Trusts  Legal ExaminerPersonal injury lawsuits involving minor or moderate injuries are often settled with lump sum payments, in which the entire settlement amount is simply paid to ...
No More Tax Deductions for Bad Actions  CFO MagazineThe new tax law disallows previously available tax deductions for settling government agency enforcements and sexual harassment claims.
Conning Upped Oneok New (OKE) Position; Asta Funding (ASFI)'s Sentiment Is 0.5  The FinExaminerAsta Funding Inc (ASFI) investors sentiment decreased to 0.5 in 2018 Q3. It's down -0.13, from 0.63 in 2018Q2. The ratio worsened, as 3 investment managers ...
Qualified Settlement Funds Are a Useful Settlement Planning Tool (And Not Just for Plaintiffs)  Legal ExaminerThe use of qualified settlement funds (QSFs) is mainstream practice across mass tort settlements, but it is still an emerging practice in single event and individual ...
Benefits of Using Structured Settlements in Claims Negotiations  ClaimsJournal.comAt zero expense to the carrier, tax-free, and tailored to fit the needs of the claimant, structured settlements are a powerful tool claims personnel can.
Société Générale: Best foot forward  Euromoney magazineIt's growing in areas such as equity derivatives, Africa and digital banking. But is this enough to make up for the poor performance in French retail banking?
The Truth About Credit Card Debt Settlement  U.S. News & World ReportWhen faced with the possibility of getting no repayment from you at all, your credit card company may be willing to negotiate with you for less than the full amount ...
J.G. Wentworth names new CEO, plots expansion of mortgage business  HousingWireBack in 2015, The J.G. Wentworth Company, the purchaser of structured settlement payments, annuity payments, lottery payments and other receivables that ...
199A 20% Deduction for Attorneys? Attorney Fee Structure  Legal ExaminerUnder the recent Tax Cut and Jobs Act, a gem of a deduction exists for passthrough entities, which most law firms are. Most of our clients are plaintiff contingency ...
Integrated Financial Settlements, Inc. (IFS) Launches New Company: Structures  PR NewswireATLANTA, Sept. 28, 2017 /PRNewswire/ -- Integrated Financial Settlements, Inc. (IFS) is proud to announce the launch of Structures, a new company in the ...
Moody's assigns definitive ratings to J.G. Wentworth structured settlement securitization  Moodys.comNew York, December 19, 2017 -- Moody's Investors *Service* ("Moody's") has assigned definitive ratings to two classes of notes issued by J.G. Wentworth XL LLC ...
Pros And Cons Of Structured Settlement Annuities  Law360A structured settlement annuity that pays at a predefined periodic frequency is often employed in resolving personal injury cases and has received wide support ...
AM Best Downgrades Credit Ratings of ERAC Group Members  Associated PressOLDWICK, N.J.--(BUSINESS WIRE)--Nov 7, 2018--A.M. Best has downgraded the Financial Strength Rating (FSR) to B+ (Good) from B++ (Good) and the ...
Structured settlements can last a lifetime - Buffalo Business First  Buffalo Business FirstWhen a personal injury case settles or a verdict is reached, the resulting award to the plaintiff is tax-free. If placed into a structured settlement, which is similar to ...
Ryan Jandreau Joins Arcadia as Vice President of Business Development  PR NewswireDENVER, May 2, 2018 /PRNewswire/ -- Arcadia Settlements Group announced today that Ryan Jandreau will join the company as Vice President of Business ...
EPS Settlements Group rebranded as Arcadia  PR NewswireDENVER, June 26, 2017 /PRNewswire/ -- EPS Settlements Group announced today the company's refreshed brand, including its new name – Arcadia – and ...
How structured settlement buyout offers work  CreditCards.comStructured settlement buyout firms let you get cash quickly in exchange for giving up a stream of payments you got from a lawsuit settlement or accident claim.
Have your say on medical negligence claims in public healthcare  News24The new State Liability Amendment Bill is out for public comment. Have your say on scrapping lump sum settlements over R1m and other proposals.
Law Firm Firm Accused of Faking Structured Settlement Approvals  Insurance JournalStone Street Capital LLC sued a Manhattan law firm it retained to seek court approvals for structured settlements, claiming the firm gave them 76 fake.
AIG accused of racketeering in structured settlement business  ReutersInsurance giant American International Group has been hit with a racketeering lawsuit accusing it of unlawfully charging successful personal injury and workers' ...
Exclusive: GE seeking to shed troubled insurance business - sources  Reuters(Reuters) - General Electric Co (GE.N) is working with investment bankers to find ways to shed its insurance business, which has caused it to book hefty charges ...
KBRA Assigns Insurance Financial Strength Rating of A- to Independent Life Insurance Company  Business WireKroll Bond Rating Agency (KBRA) assigns an insurance financial strength rating of A- to Independent Life Insurance Company (Independent Life), a newly.
ExamWorks Clinical Solutions and Chronovo Announce iMSA; Structured Settlement Solution Improves Settlements for All Stakeholders  GlobeNewswireLAWRENCEVILLE, Ga., Nov. 28, 2016 (GLOBE NEWSWIRE) -- ExamWorks Clinical Solutions (ECS) announced today an exclusive agreement with structured ...

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