For Claimants’ Counsel

PROTECT YOUR CLIENT FROM EXHAUSTING THE MONEY

According to studies, most claimants spend benefits meant to last a lifetime (see) and often cannot pay for necessary costs like medical benefits (see). The structured settlement alternative enables scheduled payouts for the exact purpose needed (see).

PROTECT YOUR CLIENTS’ NEEDS-BASED ENTITLEMENT INCOME

While there have been some challenges (see), the likelihood of excluding proceeds from a settlement from the calculations of Medicaid, AFDC and SSI eligibility are greatly increased with a structured settlement annuity combined with a Special Needs Trust (see).

CREATE SECURITY

Structures offer guaranteed, tax-free financial planning for your clients. They protect minors (see), secure retirement income (see) and ensure college tuition payments are made at the right time. The amount, type and timing of payments are right on schedule. Cost of living adjusted payments are available to keep pace with future inflation, as well as joint and survivor lifetime for the claimant and spouse.

PROTECT YOUR CLIENTS FROM CREDITORS

As an assignment rather than an asset, the structured settlement annuity avoids probate challenges and protects the settlement proceeds from creditors arising from divorce and bankruptcy (see).

LEVERAGE DRAMATIC TAX SAVINGS FOR YOUR CLIENT

The tax-free benefit created by Sec. 104(a)(2) is dramatic. Assuming a 2% management fee in a trust or with an investor and a 28% tax bracket, lump sum investment would have to outperform an annuity by 30% just to draw even (see). In fact, the higher the tax bracket, the higher the hurdle and the greater the value of the exemption for other tax issues including the Alternative Minimum Tax (see).

ENGAGE IN BEST PRACTICES TO AVOID ANY POTENTIAL FUTURE LIABILITY

While far from a trend, some case law suggests that counsel could be sued for failure to advise a claimant of the benefits of a structured settlements (see). Some plaintiff counsel have stated that an affirmative duty to disclose may exist (see).

Be sure to review the Settlement Checklist for Claimant Counsel

OUR PHILOSOPHY

Chronovo provides settlement proposals that are customized to the individual needs of your client. We analyze future medical expenses and income needs, college funding, mortgage payments and retirement planning. We also make sure your needs-based entitlement income is protected by the settlement. Structured settlements are guaranteed and tax-free, they can provide a flexible financial plan to fit all of your clients’ needs.

OUR TECHNOLOGY

Our Chronographs help turn abstract math into intuitive color graphics so you can better understand the offers presented during negotiations (i.e.: blue for guaranteed money, and orange for the life contingent payments). You will see the power of guaranteed, tax-free annuities and how they can provide a lifetime financial plan. You’ll receive full descriptions and ratings on each life carrier being quoted and full definitions of all language being used. There is also an analysis of Guaranteed Structures vs. Market Volatility to help explain the risks of taking an all-cash settlement.

OUR PEOPLE

Chronovo enables you to access counsel, CMS compliance professionals, claims handling professionals, certified financial planners, economists, professors and settlement and structured annuity consultants for free. Our team partners with you in your efforts to best represent your client.

Claimant Counsel Settlement Checklist

Chronovo Settlement Checklists are developed to inform and enrich the process for each party in the settlement. Make sure to review yours carefully.

Ask yourself:

Does your client have a plan to ensure that the settlement funds lasts as long as he/she wants and needs? Do you have all of the details on how a structured settlement can make that happen?

Is your client aware of the investment professionals’ fees and taxes on growth—and that a structured settlement can eliminate these costs?

Is your client ready to submit applicable and required annual compliance accounting reporting to CMS (your joint responsibility)?

Have you briefed your client on the one-time tax savings and other benefits from structured settlements sufficiently to eliminate any possible legal malpractice for failure to disclose (Grillo case type) liability?

Has your client considered using settlement proceeds to fund a college plan or a retirement plan?

Have you compared for your client the tax-exempt, cost-free performance of a structured settlement with the risk-based approach of a typical investment plan?

If your client has needs-based benefits like SSI, Medicaid, or AFDC, are you considering settlement options that will not impact those benefits?

Does your client have any challenges with creditors from bankruptcy, divorce, or other proceedings? Does he/she have any potential probate issues? If so, do you have a practical plan to safeguard the settlement money from being claimed by others?

If there is a minor involved in the claim or dependent on income from the claim, does that claimant/plaintiff know that a structured settlement can ensure that the proceeds of the settlement last and are spent appropriately?