by Christopher J. Bruce When referring to plaintiffs with normal mental capacity, the term “management fee” usually refers to expenses that plaintiffs incur for advice concerning investment decisions. Decisions concerning how their awards are to be spent – on medical care, accommodation, transportation, etc. – can generally be left to the plaintiffs themselves. Plaintiffs who have […]
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The Cost of Managing the Plaintiff’s Investments
by Christopher J. Bruce As most individuals are unaccustomed to managing large sums of money, it may be appropriate for plaintiffs to employ advisors to assist them with the investment of their awards. In these cases, it has often been argued that the cost of hiring such advisors should be added to the value of the […]
Read More...Implied Rates of Return on Structured Settlements
In this article, Derek Aldridge and Christopher Bruce contrast our recommended discount rates with those used by one important set of sophisticated investors, the insurance companies who write structured settlements. They find that our recommended rates are greater than those being offered by these companies, suggesting that our rates may be too high.
Read More...Timing, Turning Bad into Good
In this article Heber Smith sheds light on how to survive the markets with global events such as the Asian Crisis and the Russian meltdown. This article is of particular interest to holders of structured settlements.
Read More...Not All “Bears” Are Bordering Extinction
In this article Heber Smith explains how the claimant converts his or her award to income for the future. He contrasts mutual funds, with high returns and perhaps less stability, with annuities, having lower returns and lower risk. This discussion leads into future articles regarding strategies of structured settlements.
Read More...Structured Settlement Assignments
In this article Heber Smith notes that the assignment of the obligations of a defendant under a structured settlement to a qualified assignee now provides self-insured defendants access to the tax-free periodic payment option.
Read More...Structured Settlements: Case Suitability
In this article, Heber Smith discusses criteria which are useful in the determination of the suitability of structured settlements. Amongst other benefits, Revenue Canada may make a significant imputed contribution to a personal injury settlement through reduced taxation. He identifies those instances in which this tax contribution may be of particular significance.
Read More...Lost Years Maybe, Lost Care – Never
In this article Heber Smith discusses the importance of providing adequate compensation for an injured plaintiff for whom a diminished life expectancy is projected. He reviews Revenue Canada changes, which have reduced the risk of the insurer, thus making them more willing to negotiate in these matters.
Read More...Annuity Concepts (Continued)
In this article Heber Smith continues his series on structured settlements with a note concerning the “non-commutable” nature of an annuity.
Read More...The Annuity Solution to Fund Cost of Future Care
In this article Heber Smith provides the first in a series of articles concerning the intricacies of structured settlements. His article addresses such topics as annuity titles and rights, the specifics of structured settlement annuities, new developments in structured settlements and the creative use of annuities in remediating personal loss actions.
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