Articles in Injured Parties
Structures are used in a variety of injury cases. The most common involve wrongful death, (especially if a surviving spouse or children need income), temporary or permanent disability and severe injuries with shortened life expectancy.
Age 65 and Over Settlements: Preserving the Elder Plaintiff’s SSI and Medi-Cal [CAOC Forum - Nov/Dec 2010]
Plaintiff attorneys face unique challenges when serving the needs of the injured elder population – those over the youthful age of sixty-four.
One difficult issue is that many elders qualify for and utilize needs-based public benefits like Supplemental Security Income
Structured settlements are tax efficient and can have asset protection and spendthrift advantages too. Like other tax deferral ideas, their results are more impressive the longer their term and the slower they pay out. They aren’t for everyone, and you shouldn’t structure every nickel you receive. Once they are set up, they generally can’t be changed.
The recent life and death of a jury award recipient(Schulman) is a tragic but sobering reminder of how lump sum awards or settlements can be squandered. was a homeless man when an 18-wheel truck ran over his legs.
Owner Scott Morton’s brother, Glenn, an avid tennis player and instructor, was the victim of an automobile accident in 2005. His family was told Glenn would never speak or walk again. Without the care of doctors, nurses, therapists, rehab staff and the care he receives at home, Scott believes his brother would never have made the great progress that he now enjoys. Scott created H3Assist to deliver the same kind of quality in-home care received by his brother.
For some the structured settlement process is best illustrated by sample structures.
Beginning in the late 1980s, a new wrinkle emerged in structured settlements. Entities known as factoring companies targeted individuals who had structured settlements, buying the future structured settlement payment rights for a discounted lump sum, usually a fraction of the overall settlement figure.
Clients choosing cash settlements assume the risks associated with their investments during both stable and volatile economic times. Clients requiring lifetime care and support usually do not have the luxury of being able to weather market ups and downs and fluctuating incomes, especially when unforeseen medical emergencies are part of life.