Attitudes Towards Structured Settlements

AIG American General recently sponsored an interesting survey about attitudes toward structured settlements. The survey was conducted by Esearch.com and polled 1,000 individuals. 80% of those polled had no direct connection to a personal injury case with the remainder reporting direct or tangential involvement.
The survey posed two hypothetical scenarios involving a car accident and an on-the-job fatality. After being advised of the scenarios, 35% and 73% of respondents, respectively, chose to have their award paid as a structured settlement. Interestingly, only 7% of people actually invloved in a personal injury situation made the same decision. What's truly shocking is that 64% of attorneys representing the injured parties did not even inform them that a structured settlement was an option.
AIG American General's message is that many more claimants would accept a structured settlement if it were presented to them. Our message is that, in situations involving Medicare Set-Aside allocations, neglecting to inform a client about how a structured settlement can be used to comply with the Medicare Secondary Payer (MSP) statute and put more of the settlement proceeds into their pocket is a potential source of legal liability. From an Medicare Set-Aside perspective, structured settlements are the best way to ensure Medicare's interests are protected while maximizing the claimant's recovery.
MEDVAL 1-888-SET-ASIDE (1-888-738-2743)
Medicare Set-Aside Allocation/Arrangement Recommendations
Submissions to Centers for Medicare and Medicaid Services
Post-Settlement Administration
Pharmacy Benefit Management






I think the AIG study confirms what we all intuitively knew. It certainly appears that there is a screaming need for increased awareness in the legal community so that they can better represent their client needs.
What's really bad are the law firms that attempt to represent as experts in this arena and obviously don't understand what they are dealing with. They aren't doing anyone any favors. Would be interesting to see the MEDVAL position on attorney education needs. Suggestion for a post perhaps?
It's good to see MEDVAL succeed.
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