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Unstructured Settlement


Me'Lisa Delaney, 43, is brain-injured as a result of a 1984 medical error that caused a stroke during surgery. The hospital agreed to settle via a structured settlement, as overseen by a county conservatorship.

Delaney soon married Terry, who took over the conservatorship of the settlement and proceeded to make loans against the settlement, which equaled about $350,000. It wasn't long before all the money was gone. According to the civil complaint filed by Me'Lisa, Terry had used the loan money to purchase "controlled substances, illegal drugs, jewelry, liquor and other non-business items." Of course Delaney is suing for 10 million in punitive damages.

A lot of time energy, and effort was put into structuring a settlement in the best interest of Me'Lisa and it was too easily undone. Should we consider making settlements "unstructurable"? There is some concern that "factoring" or "cash out" companies take advantage of customers, taking a large portion of the settlement in exchange for a significantly smaller lump sum.

In Me'Lisa's case it makes sense to put in place more safeguards to protect her rights and interests in her settlement, specifically because she is brain injured. We should look to protect minors, senior citizens, and mentally impaired or injured settlement winners. Everyone else has access to resources and information to help them make the best choices and should be entitled to choose whatever they wish. I personally know of cases where cashing out was life saving, dream fulfilling, and absolutely a positive choice. I am also personally aware of situations where customers have cashed out their settlements and it was absolutely a bad decision. Unstructuring a settlement seems to be a great American Freedom, but it doesn't have to be as morally insipid as what happened in the Delaney case.

Jason Rigler
"Settlement Advocate" and consultant for Prosperity Partners Customer Service Department.


MORE RESOURCES:

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Litigation Structured Settlement: Why You Get Payments
HULIQ, NC - 13 hours ago
Many people are getting litigation structured settlements, but probably aren't even sure what the details of the deal are, or why they're entitled to it. ...


The #1 Reason Consumers Sell Their Structured Settlements Is to ...
EON, WA - Oct 28, 2008
“Approximately 71% of the surveyed consumers selling all or part of their structured settlements have held them for more than 10 years, and we believe that ...


Ringler Associates(R) Board Elects New Member Ann Marie VonBank
MarketWatch - Nov 3, 2008
VonBank has 17 years of experience in both the insurance and legal fields, focusing on structured settlements exclusively since joining Ringler Associates ...


LAWSUIT FINANCIAL ANTICIPATES CHANGES IN LEGAL CLIMATE
dBusinessNews Detroit (press release), MI - Nov 18, 2008
Lawsuit Financial will also provide attorney funding for litigation costs, structured settlements, expert witness fees, and pending attorney fees. # # #


Father paved way for Street's debut
Denver Post, CO - Nov 17, 2008
... and Nixon Coming" — on Monday, at the Austin, Texas, offices of The James Street Group, a financial firm that specializes in structured settlements. ...


Peachtree Renews Credit Facility for Purchase of Lottery Prize ...
MarketWatch - Nov 3, 2008
Through its group of affiliated companies, Peachtree caters to people seeking to sell structured settlements payments, annuity payments, lottery prize ...


Stone Street Capital Sponsors Charity Golf Classic to Benefit the ...
MarketWatch - Nov 5, 2008
For 20 years, Stone Street Capital has helped thousands of people receive cash for their structured settlements, annuities, lottery prizes, and other future ...


SeniorJournal.com

Medicaid Picture Changing Rapidly for Senior Citizens Holding ...
SeniorJournal.com, TX - Nov 5, 2008
... largest purchaser of future payments, offering a lump sum of cash to individuals who hold assets in the form of structured settlements and annuities. ...


Imperial Finance & Trading, LLC Employees Participate in Health Fair
Business Wire (press release), CA - Oct 30, 2008
(BUSINESS WIRE)--Imperial Finance and Trading, LLC, a leader in premium finance for life insurance, life insurance sales and structured settlements, ...

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