The following items should be considered as part of the Structured Settlement process. At J.Hadus & Associates, it is our policy to address these issues on every case:
- Has the claimant been sufficiently advised of the Structured Settlement options in order to make an informed decision?
- Has the Defense been provided a full general release of all claims, including having no liability for the periodic payments?
- Is the annuity company rated A+ or better?
- If appropriate, is the case medically age rated, at what age?
- Do the closing documents contain the necessary language to account for the Structured Settlement?
- Does the plan really meet the needs of the claimant?
- Should secured creditors status be considered?
- Under what circumstances is a commutation rider necessary?
- Is Medicaid an issue and if so, should a Special Needs Trust be considered.
- How should beneficiary arrangements be handled?
- During negotiations (settlement conferences, facilitations, etc.) will I have a structured consultant there representing my interests?
- What are the financial safeguards in place to guarantee the structure?
- What are the qualifications of my Structured Settlement consultant?
- Are Medicare’s interests being considered in light of the new reporting requirements?
- Has the Plaintiff attorney been informed of the option of structuring a portion of the fee?