How To Take Control And Why

How To Take Control And Why

Structured settlements are a powerful financial planning tool and are the cornerstone of most financial settlement plans. However, all too often the injury victim’s first experience with structured settlements is when one is offered by the defendant instead of their own trusted advisor. Plaintiff counsel can employ his or her own settlement planner at no cost, to give advice on this important financial transaction. A settlement planner receives compensation for his or her services directly from the life insurance company whose product they offer; it does not come from the victim’s money nor does plaintiff counsel have to compensate them for their expert advice.

You can take control of the settlement planning process by informing the defendant that you intend to employ your own settlement planner. Advise the defendant that your planner will work directly with the victim, design the plan and help select a highly rated life insurance company or companies with whom the structured settlement will be placed. Allow the defendant to bring their own structured settlement consultant to the table, but insist that your planner will work directly with the victim to create the final plan. The injured party together with their own advisor, family or guardian and plaintiff counsel should make the decision on the most important financial transaction of his or her life.

With the recent developments in professional liability law for plaintiff counsel concerning structured settlements and public assistance, it is imperative to employ your own advisor to educate your client about structured settlements as well as public benefit preservation techniques. Failing to offer a structured settlement or preserve public benefits can have disastrous consequences for the plaintiff and ultimately result in a claim against plaintiff counsel.

By counseling the personal injury victim, we satisfy counsel’s obligation to advise the client concerning their option to do a structured settlement and also preservation of public benefits. Each individual we work with will be offered an array of financial options, including a special needs trust if appropriate, and will be asked to sign a waiver acknowledging they understand these options if they turn them down. By having a waiver signed, we help protect counsel from claims stemming from failure to offer a structure or loss of public benefits.


"In my business as a plaintiff’s products liability lawyer, everything begins and ends with our clients. In our firm we never handle a significant case without the assistance of Synergy. Why? Very simple: we trust Synergy with our clients. Yes, Synergy only works with plaintiffs. And yes, they are highly technically proficient and know this business cold. But what makes them different from others is that they listen to our clients, make our clients comfortable with complex issues, and always put the interests of the client first. In my opinion, because of their unique ability to handle people with sincerity and compassion in their time of crisis, they stand head and shoulders above his competition."

Richard Newsome
Newsome Law Firm, Past President of Florida Justice Association

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Understanding Structured Settlements and Medicare Set-AsidesThird Thursday Webinar Series

The parties agree that a Medicare Set-Aside is needed, now what? In this month's webinar, presented by Synergy CEO, Jason D. Lazarus, you will learn about the process basics for setting up a set aside including MSA allocations, funding mechanisms for set-asides, post-settlement administration as well as an overview of the process to make sure you close the case compliantly.

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