What Should Plaintiff's Counsel Do?
Defense Plots and Structured
Settlement Deceptions: A Special
Report
By Richard Halpern
By reading and thinking about the various practices described in this issue, you've already taken a giant step toward ending the defense's manipulation of plaintiffs and structured settlements for its
own benefit. Keeping the plaintiff's bar in the dark was always the cornerstone of the insurance
industry's strategy.
One thing you should not do is abandon the use of structured settlements altogether. There is
nothing wrong with the concept of using periodic payments to realize tax advantages and avoid
dissipation; indeed, it is critical that plaintiffs' settlements be protected. The objective is to take
control of the structured settlement, avoiding the insurance industry's shenanigans, or to find a
viable alternative.
Here are the alternatives to Section 130 structured settlements...
Banks
Some of the very largest national banks have professional money managers who are
familiar with the special investment needs of injured plaintiffs, and are experienced in handling
their settlements. Absent this experience, banks are not a safe option.
Financial Planners
Financial planners with a significant background in addressing the
special considerations of tort victims can lead the plaintiff through legal and financial complexities
of managing a large settlement.
Consultants
Not to be coy, we think the best approach is to seek alternatives to defense-controlled structured settlements devised by experienced settlement consultants with undisputed
loyalty to the plaintiff. That is, of course, what The Halpern Group does.
The final thought is this: there are alternatives, and good ones. Now that you have the whole
story, there is no reason to be swayed by deceptive tactics and feigned concern for the plaintiff's
welfare. There is no need to allow the defense to play with your plaintiff's money, cutting deals
and receiving pay-offs.
You can make certain that the era of the defense-controlled structured settlement ends here.
It shouldn't have taken this long, but better late than never.
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