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.
recent posts
- Corinthian Museum of Content Barfing — News Flash
- SettlementDecisions Episode 5: What SettlementDecisions Really Is — A Lead Funnel, Not an Information Source
- Structured Settlement Annuity Guarantees Help Financial Peace of Mind
- How Sheron Jones Was Exploited — And Why D.C.’s Failure to Mandate IPA in SSPA Enabled It
- Attorney Fee Structured Settlement Factoring
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Category: Structured Settlement Law
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It’s useful for New York personal injury lawyers, defendants and claims adjusters to know how CPLR Article 50A or 50B impact a case and whether some factors help determine whether a plaintiff should settle their case or simply take a CPLR 50A or 50B structured judgment.
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In the NY Lyons v Medical Malpractice Insurance Association case, plaintiff sued the defendants and their representatives for negligent misrepresentation on the cost of a structure, and the resulting influence on the decision to settle. At issue in the case was who owed a duty of privity to who.
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"Structured settlement" is defined for tax purposes in IRC Section 5891(c)(1) according to Patrick HIndert TSSG Managing Director and co-author Structured Settlements and Periodic Payment Judgments. (from a November 2010 Powerpoint posted on the Internet as of 1/14/2011 6pm EST). But is it? FACT:The definition that appears in IRC 5891(c)(1) is immediately preceded by the…
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CONSTRUCTIVE RECEIPT…Two big words. Add one fatal tax principle. Possible E&O Claim.
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I don’t think it is reasonable to dismiss the anecdotal evidence or personal observations of the settlement planner, structured settlement broker or a personal injury lawyer who has represented hundreds or thousands of plaintiffs
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High effective discount rates are the scourge of sellers of structured settlement payment rights who are forced to sell more of their structured settlement than they need to when there are no others options for raising money.
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Rev Proc 93-34 provides assurance that a designated settlement fund or qualified settlement fund will satisfy the “party to the suit or agreement” requirement set forth in IRC 130(c)(1), which is the part of the Internal Revenue Code governing qualified assignments in structured settlement transactions.
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The proposed regs would eliminate the requirement that damages be based on “tort or tort type rights” in order to qualify for the section 104(a)(2) tax exclusion, and Incorporate 1996 legislation requiring that personal injuries and sickness damages be “physical” in order to qualify for the 104(a)(2) tax exclusion
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Canadian citizens with Canadian Structured Settlements Have Less Freedom than American Counterparts with American Structured Settlements, Structured settlements in Canada cannot be factored. There is no equivalent to IRC 5891 and state structured settlement protection acts.