Litigation Support
STRUCTURED SETTLEMENTS
Structured Settlements are an innovative way of compensating injury victims. A Structured Settlement is a completely voluntary agreement between the Injury Victim and the Defendant.
Simple observation of personal injury litigation reveals a conflict of interest on the part of the defense to the detriment of your clients. Once you have agreed on a settlement amount, the defense generates the terms of the settlement, leaving you a choice between acceptance and rejection. Under these conditions, the plan is more likely to be designed in a manner that minimizes the financial impact on the defendant, rather than meeting the needs of your client.
This practice falls short of protecting the interests of your client.
WHY ALLOW THE DEFENSE TO DIRECT YOUR CLIENT'S SETTLEMENT?
How does the Defendant determine all the financial needs of your client?
Most Insurance Companies and Institutional parties subject to claims on an on-going basis will turn their casework over in large to one particular broker. This often limits the Structured Settlement Broker to negotiate with only the Defendant's Insurance Company or Insurance Companies that only meet the Defendant's fee structure.
WE HAVE THE SOLUTION
We provide a two-step process designed to allow your clients to gain control over the terms of their own settlement.
First, we analyze your client's financial situation and expected needs. We then determine how the settlement should be structured to meet your client's needs. In some cases, a structured annuity is most beneficial. Sometimes we find a lump sum payment, invested for the benefit of your client, is preferable. Often, the combination of a structured stream of income and a lump sum payment is the best solution.
When structuring a stream of income proves appropriate, we determine the proper methodology and timing of payments to coincide with the special needs of your client. We then search the market for the best structure. That is, unlike branded settlement brokers, we perform an unbiased market survey.
When a lump sum payment is appropriate, we can manage the account (in conjunction with an independent trustee, when applicable). We also assist your specialist in the design of a Special Needs Trust. By employing a Special Needs Trust, the continuation of your client's social benefits, such as Social Security and AHCSS/ALTC, is allowed.
Second, the claimant's attorney should demand that an independent settlement broker and a professional financial advisor be assigned as brokers of the settlement proceeds. Taking this step will promote continuing protection of the claimant's interests.
EXPERT WITNESS TESTIMONY
One of the services provided by the firm of Michael Phillips Black is expert witness testimony regarding financial issues. We have acted as a consultant to various law firms to assist in developing the financial issues within a specific case, along with providing services as a testifying expert witness. We have testified in civil litigations involving FINRA hearings, Superior Court trials and mediations on suits filed against brokers, financial planners and general civil litigation.
EXPERT WITNESS FEE STRUCTURE
Our fees for service are based on an hourly rate of $175 per hour for research and case development and $250 per hour for court room testifying.
Contact us today to schedule a presentation about:
CLAIMANT-DIRECTED STRUCTURED SETTLEMENTS
and
EXPERT WITNESS TESTIMONY
Structured Settlements are an innovative way of compensating injury victims. A Structured Settlement is a completely voluntary agreement between the Injury Victim and the Defendant.
Simple observation of personal injury litigation reveals a conflict of interest on the part of the defense to the detriment of your clients. Once you have agreed on a settlement amount, the defense generates the terms of the settlement, leaving you a choice between acceptance and rejection. Under these conditions, the plan is more likely to be designed in a manner that minimizes the financial impact on the defendant, rather than meeting the needs of your client.
This practice falls short of protecting the interests of your client.
WHY ALLOW THE DEFENSE TO DIRECT YOUR CLIENT'S SETTLEMENT?
How does the Defendant determine all the financial needs of your client?
Most Insurance Companies and Institutional parties subject to claims on an on-going basis will turn their casework over in large to one particular broker. This often limits the Structured Settlement Broker to negotiate with only the Defendant's Insurance Company or Insurance Companies that only meet the Defendant's fee structure.
WE HAVE THE SOLUTION
We provide a two-step process designed to allow your clients to gain control over the terms of their own settlement.
First, we analyze your client's financial situation and expected needs. We then determine how the settlement should be structured to meet your client's needs. In some cases, a structured annuity is most beneficial. Sometimes we find a lump sum payment, invested for the benefit of your client, is preferable. Often, the combination of a structured stream of income and a lump sum payment is the best solution.
When structuring a stream of income proves appropriate, we determine the proper methodology and timing of payments to coincide with the special needs of your client. We then search the market for the best structure. That is, unlike branded settlement brokers, we perform an unbiased market survey.
When a lump sum payment is appropriate, we can manage the account (in conjunction with an independent trustee, when applicable). We also assist your specialist in the design of a Special Needs Trust. By employing a Special Needs Trust, the continuation of your client's social benefits, such as Social Security and AHCSS/ALTC, is allowed.
Second, the claimant's attorney should demand that an independent settlement broker and a professional financial advisor be assigned as brokers of the settlement proceeds. Taking this step will promote continuing protection of the claimant's interests.
EXPERT WITNESS TESTIMONY
One of the services provided by the firm of Michael Phillips Black is expert witness testimony regarding financial issues. We have acted as a consultant to various law firms to assist in developing the financial issues within a specific case, along with providing services as a testifying expert witness. We have testified in civil litigations involving FINRA hearings, Superior Court trials and mediations on suits filed against brokers, financial planners and general civil litigation.
EXPERT WITNESS FEE STRUCTURE
Our fees for service are based on an hourly rate of $175 per hour for research and case development and $250 per hour for court room testifying.
Contact us today to schedule a presentation about:
CLAIMANT-DIRECTED STRUCTURED SETTLEMENTS
and
EXPERT WITNESS TESTIMONY