Why should you insist that your attorney arranges for a structured settlement broker that works for you?

Specialists, Brokers, and Consultants | Structured Annuity Agreements | Informational Resources

The Short Answer: Because you simply cannot trust a broker that works for the other side.

The Long Answer: Considering that a defendant's structured settlement broker is obliged to propose a settlement that is in the best interest of the defendant, why would anyone in his right mind would want to be (mis)guided by such an export that works for the other party?

Simply put, your attorney would most likely be doing you a disservice, and to a high degree of probability also violating the code of conduct (i.e. the American Bar Association Model Rules of Professional Responsibility) for the attorneys, if (s)he were to blindly accept a structured settlement proposed by defendant's "hired" expert without consulting with an independent certified structured settlements specialist broker that works for you.

Isn't this a common knowledge that what may be good for the defendants is usually not in the best interest of the plaintiffs?

Structured settlement brokers hired by the defendants (or by the insurers working on their behalf) have loyalty only to those that have retained their professional services. Therefore, unless a broker wishes to be disloyal to the defendant (or the insurer retained by the defendant), that structured settlement broker cannot be loyal to you -the plaintiff.

It is not hard to see, therefore, how it would be a conflict of interest for your defendant's broker to provide financial advice to you or to put together a settlement that works in your best interest, and not in the best interest of his client -the defendant.

If you or your attorney truly believe that the "expert" who has loyalty to the defendant is also going to be equally loyal to you (the plaintiff), I have news for you, Dorothy: We're not in Kansas anymore. Considering that most certified structured settlement brokers adhere to a high standard of professional conduct, they would keep only their client's (i.e. the defendant's) best interest in mind. It would not be in your best interest, therefore, if your attorney were to simply accept the terms of structured settlement agreement proposed by defendant's settlement brokers.

Should your attorney be negligent in this important matter by not making available to you the services of an independent structured settlement specialist that works for you, you may wind up holding the bag forever. Considering that when you sign off on that settlement proposed by brokers working for the other party, you would be in fact releasing - for everything, and forever -not only the defendant and his insurer, but also all their agents including those defense-structured settlement brokers. In other words, if your attorney were to allow this to happen, you would then have no recourse but to ask your own attorney why did (s)he relied on the opposite side's hired-help for a settlement that has such a long term (if not lifelong) impact on your -the injured person's -health, and financial well being.

Please ask your attorney to arrange for a structured settlement specialist that works for you, and not rely on advice from experts hired by your opponent.