Physicians, medical staffs, and hospitals have become a prime target for medical malpractice lawsuits. Many malpractice claims are unjustified, and insurers are aggressively and successfully defending their insured's. However, once it is determined that a sufficient liability exposure exists, the damage defense begins. Working as a member of the defense team or plaintiff team, along with the claim adjuster for the insured or self-insured entity and the defense attorneys, the Dakota Structured Settlements, Inc. broker can play a key role in the negotiation process.
We can develop a good faith offer, within the guidelines set by the insurer, at the lowest possible cost. A thoughtful settlement offer can include up-front cash for expenses and attorney fees, lifetime monthly income with a guaranteed period certain, and deferred lump sums for special needs. This planning can demonstrate to the plaintiff, defense, and judicial that they are truly interested in providing reasonable indemnification.
We can analyze economic loss claims by experts hired by the plaintiff or defense and translate them to an exact “present value” dollar amount. The actual cost of funding the future benefits through an annuity or bond trust is usually a fraction of the amount claimed by the expert. Similarly, we can evaluate “life care” plans presented on behalf of the plaintiff and provide funding for future needs at the lowest possible cost.
In the event the plaintiff has a health history that suggests a shortened life expectancy, we are the experts at selecting key medical records and submitting them to medical underwriters of the major annuity companies. We are then provided with a “rated age,” allowing the insurer to purchase a lifetime income annuity for the plaintiff, at a reduced cost. We know the markets and often can save the insurer literally hundreds of thousands of dollars in settlements costs.
Dakota Structured Settlements, Inc. services are recognized as a leader in the structured settlement industry for medical malpractice.
Environmental
A 1986 addition to the Internal Revenue Code (§468B) promulgated by a 1993 Revenue and Procedure (93-94, 1993-28 I.R.B. 49) has made it possible for a defendant corporation in an environmental or toxic mass tort situation to write one check, literally, to a court-supervised designated or qualified settlement fund and walk away from endless litigation. Building on the collective years of experience in personal injury settlements, Dakota Structured Settlements, Inc. is adapting the same techniques and products to the clean-up of our environment.
Working with major life insurance companies, bond trust companies and nationally renown tax counsels who specialize in structured settlements, we are in a position to mediate major environmental and toxic tort cases, bringing creative solutions that benefit all parties. Features include:
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The ability to extinguish future liability by settling for one element of damages, while leaving open the ability for plaintiffs to receive compensation for damages that occur later, such as a latent disease process that doesn’t manifest itself for years after exposure to a toxic substance
Dakota Structured Settlements, Inc. provides the most advanced support in the structured settlement profession for environmental and toxic mass tort cases.
The brokers of Dakota Structured Settlements, Inc. are experts in all phases of the transportation industry, including railroad, maritime, airlines, trucking, bus lines, and private vehicle accidents. We pioneered the use of annuities to settle hundreds of transportation cases through structured settlements—at significant cost savings to the defendants.
Our expertise in railroad litigation provides a particular insight into the inherent problems facing this industry. This enables us to create and design plans appropriate to the situation.
In today’s litigious society, the true values of a structured settlement are to resolve the case within reasonable and fair cost parameters and to avoid a jury trial with the inherent risks of a catastrophic verdict.
