by John Darer CLU ChFC CSSC
Care must be taken by attorneys to assure that settlement documents do not disqualify their client's structured 
settlement. A standard Blumberg general release or a general release which states cash for consideration is a major problem.
Care must be taken at mediations
to preserve the abilty to receive a structured settlement, when the mediator, or one of the parties, quickly drafts up a mediation statement to be signed by all of the parties and it simply states that "the case is settled for a fixed dollar amount" with no structured settlement reference.
Among other things a release with a structured settlement must include a promise to pay the structured settlement payments as part of the consideration.
The cost of the structured settlement may be disclosed but it is not the consideration for the structured settlement.
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