Structured Settlements 4Real®Blog 2026
Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.
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Category: New York CPLR Article 50A or Article 50B Structured Judgment
New York CPLR Article 50A or Article 50B are New York’s structured judgment statutes, in place since 1985 and 1986 respectively. Damages in excess of thresholds, which differ for Article 50A and Article 50B, have to be paid periodically. Hvaing an understahnding of the variables before heading into mediation can be helpful prior to and whil eattending mediation.
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As things stand today, every dollar of pain and suffering is worth more in present value in a structured judgment than the jury verdict.
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Having an expert who understands New York structured judgments can be invaluable to New York based attorneys and their clients at New York City mediations and mediations in Long Island, Westchester, Brooklyn, Syracuse, Binghamton and other parts of New York state.
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New York CPLR 5041 states “The court, as part of its judgment, shall direct that the defendants and their insurance carriers shall be required to offer and to guarantee the purchase and payment of such an annuity contract”
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Low interest rates continue to amplify structured judgment values in excess of the damages awarded by juries in New York City and elsewhere in New York State. Structured judgment experts can assist and provide a useful contribution as part of the financial analysis of potential case values
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John Griffiths was the lead plaintiff in a class action lawsuit against Aviva and Athene. Athene agreed to provide annuitants a CMA. Some annuitants received a modest financial recovery. A needless, unfortunate episode for the insurers, underscoring the need to be vigilant when insurers transition, or runoff their product lines.
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If I employ an attorney for 33.33 percent of my settlement do they get a portion of my monthly payments as well as the lump sum?”.
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Structured settlement annuities issued by American General Life Insurance Company are distributed only through appointed agents in all states other than NY. In the State of NY, structured settlement annuities are underwritten by United States Life Insurance Company in the City of New York (US Life).
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When is a discount rate a growth rate in a present value calculation? When a plaintiff has a personal injury lawsuit in the New York City counties of Bronx, Brooklyn, Staten Island, Queens, the suburbs of Westchester, Orange , Nassau,Suffolk, or any county in New York State having sustained future damages in excess of $250,000. A New York jury awards a quantum…
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Negative discount rates, a by product of the low interest rate environment, along with static statutory growth rates and static pre-judgment and post-judgment interest rates creates a bonanza for NY plaintiffs. John Darer® discusses the potential impact on case values, and need for CPLR 50A/50B expertise