An important transformation occurs in the completion of the structured settlement, a transformation that few plaintiff’s attorneys accord proper attention. The defendant’s liability carrier assigns its obligations to pay damages to a third party. If anything goes wrong, the plaintiff’s attorney will be the one calling their malpractice carrier.

There are numerous price breaks including daily rates, jumbo case discounts, and age ratings that substantially affect the cost and benefits in any structured settlement. These cost savings should be passed on to the claimant.

More plaintiff attorneys are asking the question, "Why should the defendant dictate the terms of a structured settlement for the injured party? If the case were settled in cash, the defendant would have no say-so as to how the claimant invested the money. Perhaps the defendant should remain liable if future problems arise."

Because the defendant's broker has a primary responsibility to his party, many options available to the claimant are often overlooked:

• A "Commutation Benefit Rider" can be a part of the contract to provide liquidity to pay estate taxes in the event of the death of the claimant.

• Additional security is available through most companies with the use of "Secured Creditor" status, at no additional cost.

• To reduce the risk of potential failure, the case can be funded with one or more insurance companies.

• To coordinate the settlement with public assistance programs (i.e. Special Needs Trust).

• To make meaningful distributions that meet the needs outlined in the Life Care Plan.

• To obtain medical age ratings from all carriers to ensure benefits are maximized.

• To offer the "variable" structured settlement annuity that allows investment in stock and bond investment accounts and retains tax-free gains.

A Settlement Partner can become a part of your team of specialists to represent your client and assist in resolution of your cases.