Literature Rack

For You, the Professional

2023 CLM Litigation Management Study – This fifth report from CLM captures the “State of the Union” in the litigation management industry — exploring how litigation executives are deploying resources, thinking about law firm performance, using staff counsel operations, addressing cost and quality issues, and facing new industry challenges. Download study.

Structured Settlements vs. Lump Sum Payments – In 2013, Prudential Global Strategic Research – in conjunction with Prudential Structured Settlements – surveyed 400 claimants who, within the past decade, had entered into a settlement of a physical injury or workers’ compensation claim of at least $100,000. This article presents the key findings from that survey. Download article.

Study Shows Money Gone for Most People Who Chose Lump Sum Payments – The American General Life Companies (AGL) conducted a survey of 1,000 Americans in 2007 to gauge awareness about the benefits of a structured settlement. According to this eye-opening study, 57 percent of those who were involved in a personal injury case – and elected a lump sum payment at settlement – had nothing left. Only 12 percent reported having 75 percent or more of their cash settlement still on hand. Download article.

Weighing Your Options – It is not often that you can utilize a valuable tool at no cost and reap the benefits of significant cost containment and improved outcomes. By structuring a Medicare Set-Aside (MSA), parties can reduce their overall costs and comply with Medicare’s policy in this area of compliance. Download article.

Time is Money: Creating Value with Structured Settlements Begins by Understanding Elements of the Internal Revenue Code – This article from Claims Management Magazine examines the tax advantages granted a structured settlement under several different scenarios, including personal injury claims, minors’ claims, taxable settlements and attorney fee structures. Download article.

Structured Settlements – An Effective Solution for Meeting the Ongoing Financial Needs of Physical Injury Victims – Prudential recently published this white paper designed to heighten awareness and understanding of structured settlements. This is a comprehensive overview that will satisfy inquiries from claimants as well as financial professionals. Download brochure.

Resolving Medical Claims with Structured Settlements – Catastrophic and high value workers’ compensation claims often have two parts that need to be resolved: indemnity and medical. Using structured settlements early and often in your claims evaluation process can help insurers and employers settle cases more quickly and efficiently. Reprinted from The Self-Insurer magazine, December 2013. Download article.

The Psychology of Settlement: Unique Investors in a Rocky Economy – The unique investor – the victim of a catastrophic personal injury – needs a means of financial support that doesn’t rise and fall with the whims of Wall Street. Reprinted from Litigation Management magazine, 2012. Download article.

Use Structured Settlement Adviser for Consultation in Mediation or Settlement Conference – An independent structured settlement adviser can assist attorneys in better understanding the true value of a settlement offer. This article appeared in the Kentucky Justice Association’s magazine The Advocate, September/October 2002. Download article.

Effective Negotiation Through Structured Settlements – This article from For the Defense, written by two defense attorneys in 2005, examines the growing appeal of structured settlements to injured people and how a structure can be used effectively to help settle a case. Download article.

Thoughts of a Top Mediator – This article, reprinted from the national newspaper of the National Spinal Cord Injury Association, features advice from one of America’s leading mediators and advocates for structured settlements. Download article.

Constructive Receipt Explained – Constructive receipt is the core concept behind the federal tax code’s explicit recognition of structured settlements. This handout from the National Structured Settlements Trade Association includes citations, a concise explanation about Congress’ intent and how the Internal Revenue Service has traditionally interpreted application. Download flyer.

Qualified Assignment Benefits All Parties – Qualified assignment is also encouraged by the federal tax code, as outlined in this handout from the National Structured Settlements Trade Association. Qualified assignment offers several advantages for a defendant, including the removal of all future responsibility to the claimant and more efficient claim handling. Download flyer.

Legal Memorandum Regarding Possible Contingent Liability for Qualified Assignment – Prepared at the request of the National Structured Settlements Trade Association, this 2015 memorandum from the law firm of Hogan Lovells examines the liability of a settling defendant or its insurer if the annuity issuer in a structured settlement fails to make payments. Download memo.

For You, the Injured Person

Structured Settlements: Your Future Guaranteed – Get answers to the most commonly asked questions about structured settlements in this excellent overview brochure written by the National Structured Settlements Trade Association with assistance from Ringler Associates. Download brochure.

Strength and Protection of Annuities – Annuities from top-rated life insurance companies are the financial engine of a structured settlement. For more information about the protections and advantages that make these annuities the most secure investment options available. Download brochure.

Structured Settlements: The Key to a Successful Financial Strategy – Why are the financial needs for injured people different than for others? Are structured settlements simply another investment? Where does a structured settlement fit into a successful investment strategy? These questions and more are answered in this nuts and bolts brochure on the benefits, design and delivery of a structured settlement. Download brochure.

Protect Your Child After an Accident – Securing the financial future of a child after a serious injury is a significant financial planning challenge. That’s why many judges and other court officers frequently recommend a structured settlement in any case involving a minor. Download brochure.

Workers’ Compensation and Structured Settlements – A structured settlement gives an injured worker the unique ability to design payments tailored for his or her long-term needs. Structured settlement payments can accommodate family needs, such as a child’s education or a spouse’s financial needs later in life. Download brochure.

Special Needs Trust Protects Public Benefits – Even a small settlement can disqualify you from public benefit programs like Supplemental Security Income and Medicaid. A special needs trust funded with a structured settlement can help you maintain eligibility and protect your long-term security. Download brochure.