Introduction Historically rare, punitive damages are intended to punish egregious misconduct and deter future wrongdoing. Recently, however, jury verdicts—including both compensatory and punitive damages—have garnered significant public attention, indicating a possible shift in jury attitudes and expectations. Although punitive damages traditionally appear in only 2–5% of civil jury trials, recent verdicts suggest juries increasingly seek...
Daniel Anders, President of the National MSP Network (NMSP) sent a newsletter last week alerting this writer and other NMSP members of an historic settlement planning anniversary. On July 23, 2001, the Centers for Medicare & Medicaid Services (CMS) released, under the name of Parashar B. Patel, Deputy Director, Purchasing Policy Group for CMS, what...
Catastrophic Injury A mother and her five-year-old son were in a car accident in 2018 and both suffered extensive injuries. The mother sustained multiple broken bones, including several ribs. The child was in critical condition with injuries that required him to be placed into a medically-induced coma. Ultimately the five-year-old needed multiple surgeries to correct...
Medicare Set-Asides A self-insured municipality referred a case involving a 54-year old police officer who sustained catastrophic injuries attempting to take a suspect into custody. The Case The police officer received conservative treatment initially and eventually underwent multiple surgeries to aid his recovery. After his surgeries, complications arose, and he was living in constant...
A 40 year-old male employee was catastrophically injured during an auto accident resulting in paraplegia and a traumatic brain injury (TBI). The adjuster for the self-insured employer referred this challenging workers’ compensation claim to Independent Life. The Case The injured worker spent the last two years in and out of facilities stacking up costly medical...
Medical Malpractice A regional hospital was handling a challenging medical malpractice claim involving a child diagnosed with cerebral palsy, epilepsy and significant developmental delays. Due to the nature of the claim, the life expectancy, medical cost projections, and valuation ranges were each hotly contested items. The Challenge As a result of years of low interest...
Structured settlements offer many benefits compared to a lump sum settlement. One of the most important advantages is the option of receiving lifetime benefits. With lifetime structured settlement payments, unlike a lump sum settlement, it is impossible to outlive your settlement award. This priority for long term security is exactly what led to the creation...
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