Building upon our 28 years experience in railroad cases (both FELA and crossing accidents),
we have made a major corporate commitment at J. Hadus & Associates, Inc. to specialize in all phases of the transportation industry. This includes maritime cases (Jones Act), airlines, trucking and bus lines in addition to railroads.
In 1980, we pioneered the use of annuities to successfully settle both FELA and crossing accidents and have structured out hundreds of railroad cases since then.
Our expertise in railroad litigation provides a particular insight into the inherent problems facing this industry and this, in turn, enables us to create and design plans appropriate to the situation. Particularly in today’s litigious society, along with settling the case within reasonable and fair cost perimeters, one of the true values of a Structured Settlement is the avoidance of a jury trial with the attendant risks of a catastrophic verdict. At the same time, there is a recognization that the claimant benefits as the recipient of a tax free plan custom tailored to the specific need. The risks of investing and the worry of the settlements funds not lasting as long as required are eliminated.
Medical Malpractice
Medical malpractice cases, with long-term often life threatening damages, are particularly well suited to Structured Settlements. Birth trauma cases, spinal cord injuries and brain damage are many times present in such litigation. These cases usually contain elements of loss of earning capacity, along with extended medical care, and the security of lifetime guaranteed benefits provided by the structure, often at a reduced cost due to a medical age rating, can be the key to successful care resolution. We work with life care planners, economists, and other professionals to assure that the plan is appropriate to the needs of the damaged party.
Physical Injury
All types of personal physical injury/sickness cases are many times best resolved through a Structured Settlement. When the need is to provide long term financial security, the risk free and guaranteed elements of a tax free Structured Settlement annuity can be the appropriate solution.
Product Liability
Product liability litigation being one of the main problems facing American corporations, we have assembled a staff of settlement specialists whose experience in this field is second to none. Ironically, with our staff, were we not in the settlement business, we could form a very formidable risk management company based on experience and expertise.
Our staff is very well versed in manufacturing, automotive, airline and pharmaceuticals. They have a combined over 100 years experience in the Structured Settlement/annuity business, “know the territory” and can assist and complement your organization. Understanding that often it’s a balancing act in designing plans within the cost parameters dictated by the defense, while at the same time providing for the legitimate needs of the damaged plaintiff, our staff understands the inherent problems in product litigation.
Whether it be instantaneous quotes, file review, case analysis, creative plan design, assisting with the negotiations or review/preparation of the closing Structured Settlement documents, we are organizationally situated to assist whenever and however necessary.
Special Needs Trusts
The primary reason for a special needs trust in personal injury litigation is to maintain Medicaid eligibility while still receiving the benefits of the settlement. Without such a trust, the settlement would cause the claimant to immediately lose Medicaid benefits. The customary arrangement is for the structured payments to flow directly into the trust and the money can be used as necessary for any medical related needs not covered by Medicaid. It is important that the trust document be drafted by an attorney versed in such matters, as this is an area of legal specialization.
Employment Cases
Employment disputes including wrongful termination, age and sex discrimination and buy-outs are increasingly resolved successfully with Structured Settlements. The employee receives the advantages of a custom designed plan based on their needs and with a larger total payout than the traditional all cash settlement. Also, the payments are taxed as received in the future, thereby avoiding a large tax liability at time of settlement. The employer is able to achieve a full general release at time of settlement with no liability for the future periodic payments.
Attorney Fees
Increasingly, attorneys are discovering the advantages of having their fees structured. The ability to determine when in the future to receive the payments and in what amounts,, the avoidance of a large tax liability at time of settlement and the tax deferral aspects of structuring have become of significant interest in the legal community.
