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Our role in the settlement process may include providing any or all of the following services. We do not charge a fee for our structured settlement services. Please contact us for information on fees for our other services.
(Click on Practice Areas for more information.)
Creative settlement design is our hallmark. We promptly provide cost-effective settlement proposals and annuity placement, always aggressively seeking the lowest cost, highest benefit annuities. When appropriate, we request medical age ratings based on impaired life expectancies to reduce annuity cost and increase benefits. As all parties expect, we work with the highest rated, most financially secure life insurers available. We also assist in the preparation of all documents utilized to finalize the settlement.
Our clients benefit from our ability to:
- Tailor settlement proposals that respond to the needs of the injured party and his/her family within existing cost parameters.
- Integrate innovative tools such as special needs trusts, which enable the injured party to remain eligible for government benefit programs such as Medicaid, notwithstanding the settlement. We can explore the suitability of reversionary medical trusts and other tools that may lend themselves to early claim resolution.
- Attend and actively participate in settlement conferences, mediations and facilitations.
- Draft preliminary settlement agreements that contain appropriate and necessary language in compliance with Internal Revenue Code and underwriting requirements.
In addition to supporting you with the resolution of traditional personal, physical injury cases, we can also assist you with unique, non-qualified settlements such as employment disputes, sexual harassment, discrimination and other claims that require specialized tax treatment.
Due to favorable case law (Richard A. Childs, et al. v. Commissioner) and life insurer underwriting guidelines, we are able to structure attorney fees, thereby deferring income tax obligations.
To request a structured settlement proposal or quote without any obligation, please contact us.
Resources:
Structured Settlements at a Glance
Life Insurance Companies:
We pride ourselves in being able to serve different roles in support of our clients' settlement efforts. In many cases, we serve as lead negotiator at mediation, facilitation and settlement conferences. This provides our clients with added flexibility during negotiations. In other instances, we support the lead negotiator in developing strategy and providing guidance on issues related to structured settlement annuities, compromise of third party liens, government benefit programs and a variety of settlement trusts.
Our negotiation support services include:
- Working with our clients to assist with their assessment of the exposure, evaluate various options and develop innovative settlement strategies.
- Providing client support at mediation, facilitation and settlement conferences.
- Aggressively representing our clients’ interests either as lead negotiator or in support of the lead negotiator. Our role and involvement can adjust as circumstances warrant.
- Assisting the parties in removing settlement obstacles such as third party liens.
We are uniquely qualified to assist parties to workers' compensation claims develop Medicare Set-Aside allocations (MSAs) and to secure approval from the Centers for Medicare and Medicaid Services (CMS). Unlike our competitors who solely rely on medical specialists for their MSA allocations, our MSA Consultants take a claims handling approach and direct the entire MSA process, incorporating the support of highly skilled medical professionals. Additionally, our ability to readily fund MSA allocations using structured settlement annuities has resulted in an average savings to our clients of 45%, when compared to a cash-funded MSA.
Our team will:
- Confirm the need for a set-aside allocation and CMS approval.
- Determine the status of the injured worker within the Social Security and Medicare programs.
- Prepare an analysis of the cost of future care for those items that would otherwise be paid for by Medicare.
- Secure approval of the set-aside allocation from CMS.
To ensure that clients can budget for and control the cost of services, we offer our assistance on a fixed fee basis. Clients know exactly how much our services will cost before we begin work on a file. In addition, we provide our services in separate phases, allowing clients the flexibility to choose the specific MSA support they need. For more information, please contact us.
Resources:
Medicare Set-Asides (MSAs) at a Glance
Medicare Set-Aside (MSA) New Assignment Form
Authorization to Release Information
- Future Damage Analysis
We provide detailed analysis of future damages to help our clients prepare winning arguments and persuasive evidence. This includes important considerations such as reductions to present value utilizing competitive annuity pricing while taking advantage of the time value of money.
- Cost of Future Care Analysis
Our analyses aid claim departments in assessing long-term, first party exposures such as No-Fault /PIP and workers’ compensation claims. This beneficially serves claim departments with reserving efforts.
- Life Care Plan Preparation and Analysis
We prepare comprehensive life care plans that assist clientele in their analysis of future care requirements and costs. Our life care planners and settlement consultants also prepare a comprehensive and detailed medical and financial analysis of the opposing party's plan. This assists in validating or challenging certain aspects of the life care plan and helps prepare clients for settlement conferences, the taking of expert depositions and/or trial testimony. In addition, the use of substandard age ratings coupled with structured settlement annuities optimizes our clients’ financial stance.
Our medical experts are able to locate information contained in medical records that assist clients as they assess credibility and proximate cause, rehabilitation, disability, recovery, and past and future damage issues.
Our associates are pleased to provide seminars and educational programs that include the most up-to-date industry information, affecting you. We closely work with you to tailor presentations that meet your specific audience needs. For more information, please contact us.
Contact our office via email or call 1.248.865.3900.
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