Protecting Personal Injury Victims in the Sale of Structured Settlement Payments
In their Trial Practice column, Robert Kelner and Gail Kelner discuss the importance of the judicial role in overseeing transactions to protect consumers as well as some of the considerations for attorneys in constructing a settlement in a personal injury action that includes not only cash but future annuity payments.
September 21, 2020 at 01:22 PM
12 minute read
As we were watching a television program recently, on came a commercial that really hit a nerve. Operatic singers dressed as Vikings sang a J.G. Wentworth jingle, "I have a structured settlement but I need cash now," reciting a number to call. Then a man came out and said "it's your money. Use it when you need it." The target of this commercial was the personal injury victim who had received structured settlement payments. YouTube treated us to other J.G. Wentworth commercials. One featured a frustrated young man sadly sitting on his mother's couch, obviously anxious to get his own place. Another depicted a grinning young woman in her brand new red convertible. Still another portrays people screaming out of windows," It's my money, I need cash now." The operatic voices did not sing a song that resonated with us.
Will accident victims be offered a fair deal to relinquish their tax-free payments that were the result of serious personal injuries? Would an injured individual be frustrated enough to take whatever was offered to purchase his or her annuity, or, make the unlikely call for sophisticated financial advice?
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