Did your attorney tell you this about your structured settlement?
Even though it is nearly impossible -without looking at every single detail of your case -to tell whether or not your attorney ensured that every “i” is dotted and “t” is crossed before he/she asked you to sign-off on your structured settlement, we have listed below some of the most important subject matters that most attorneys would make their clients fully cognizant of before asking them to accept a structured settlement agreement.
If your attorney had arranged for the professional services of a duly certified independent structured settlement broker, it is more than likely that you were made fully aware of the following. If you did not have access to your own structured settlements broker, however, and had to rely on your opponent's (defendant-loyal) settlement broker, it is quite possible that your attorney may have missed an opportunity to properly advise you on the following important matters -before all responsible parties (defendant, and all his agents) were let off the hook for everything, and forever.
Here are some of the important facts/details that your attorney should have looked into, and then discussed with you before asking you to affix your signature on a structured settlement:
- Most recipients dissipate their lump sum cash awards in a few short years.
- Many victims deplete their cash payouts prematurely, and wind up having to depend upon taxpayer funded government sponsored healthcare programs such as Medicaid or Medicare.
- You may have an option to setup a supplemental needs trust that would allow you to preserve victim's eligibility for government healthcare programs like Medicaid, etc. -even if you were to get a large cash payout.
- Structured settlements provide one of the most reliable revenue streams over many years, even for lifetime.
- Confirm that they have verified that defendant's claim of his/her cost of the financing needed to fund your structured settlement payments has not been falsely inflated.
- Explained to you that your structured settlement payments amounts and payment schedule could be fully tailor-made to your specific needs.
- Pointed out to you that by exercising your option to receive periodic payments, you would have more money in your pocket because of the tax-benefits.
- Explained to you that all incomes derived from your lump sum payment would be fully taxed -just like your regular income.
- Made you fully aware that you have a right to professional advise from a certified structured settlement broker that works for you.
- Explained to you how a structured annuity broker hired by the defense would be inherently biased against you, and further that his/her recommendations would be almost always designed to short-change you, the plaintiff.
Relying on your opponent's structured settlements broker is probably the worst advice that an attorney can give to his/her clients. If your attorney arranged for an independent and duly certified structured settlement consultant of your own from early on, however, it is more than likely that your attorney has served you well, and deserves your sincere gratitude.