The settlement process and its aftermath are full of trip hazards for unwary practitioners. Not only do attorneys need to know how to structure settlements, they must also understand the variety of fiduciary vehicles that may be used, as well as the steps necessary to properly file petitions for court approval. This book walks you through the post-settlement process for cases involving minors and incapacitated persons and wrongful death/survival action claims. You'll learn how careful planning from the beginning will facilitate settlement and prevent mistakes and explore the legal, practical, tactical, and ethical issues that arise in the post-settlement process.
Summary of Contents
- Navigating the Settlement Process: Avoiding Potential Pitfalls – You've Settled a Minor, Incapacitated Person, or Death Action Claim. Now What?
- Preparing Case for Settlement
- Structured Settlements
- Use of Fiduciary Mechanisms for Settlement Fund Placement
- Petitions for Court Approval
- Closing the Case