This is part 1 of a series on ethical issues at settlement that every personal injury lawyer should be familiar with. 

How do you deal with a liability Medicare set aside allocation that exceeds the client’s net settlement proceeds?  One approach would be to use an Ahlborn type of formula to reduce the set aside amount.  Since there is no guidance on that particular subject, I would argue for the use of such a formula.

In Spencer v. Hartford, the Hartford was sued for alleged fraudlent practices related to structured settlements offerred to injury victims as part of settlements.  The case is landmark and illustrates the need for a personal injury victim to have a plaintiff based settlement planner assisting them with all phases of settlement. 

I was recently asked what an personal injury attorney's obligations are when it comes to advising about structured settlements.  This post, in a cursory fashion, addresses some of the important issues to consider and is based on my response back to the attorney.  

The Adrian v. Mesirow case holds an important lesson for trial lawyers. 

Qualified Settlement Funds are a great tool for settling complicated cases.