Voit Econometrics Group, Inc.

 

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Services

Voit Econometrics Group offers many services, aside from drafting QDRO's & Valuing Pensions.

We also perform the following:

Advise Individuals on Benefit Options relating to termination of employment (e.g. 401(k) rollovers, QDRO distributions)

Business Valuations

Security Analysis for Litigation & Investment Analysis for Individuals

Financial Planning, incl. Retirement Planning

Lectures to CPA's (Investments) & Attorneys (QDRO's & Pension Issues)

Malpractice Damage Calculations (legal malpractice)

Personal Injury Analysis & Structured Settlements

Voit Econometrics Group can help an attorney determine whether a lump-sum award or a structured settlement is more appropriate for their client in Personal Injury cases; perform economic analyses for personal injury and wrongful death cases; or take the stand as an expert witness backed by statistical and econometric data.

Economic Analysis for Personal Injury & Wrongful Death
Expert Witness Testimony
Lump-Sum vs. Structured Settlements
Service Fees

The IMPORTANCE of Economic Analysis

All too often, Attorneys will accept an insurance company's initial proposal as a starting point for negotiations. This method frequently under estimates a client's losses and undermines the potential of a client's position. A professional economic analysis can reinforce your position and substantially increase your client's settlement!

Voit Econometrics Group provides an invaluable service to those attorneys practicing in the areas of personal injury. Our proficient and cost-effective economic analysis includes:

  • Determining the Present Value of Lost Wages
  • Check Against Proposed Settlements
  • Support for Settlement Claims
  • Present Value of Future Medical and Dental Costs
  • Present/Future Value of Lump-Sum Settlements
  • Structured Settlement Determination

Expert Witness Testimony

Voit Econometrics can provide expert witness testimony to support our findings. We utilize statistical analysis and econometrics to derive accurate results. Each assumption used is backed by supporting statements from reliable sources.

Lump-Sum vs. Structured Settlements

Typically structured settlements are used when the injured party is a minor or a severely handicapped individual, such as those cases involving traumatic brain injury or injuries to the spinal cord.

Unfortunately, there are cases where the plaintiff counsel has no choice but to reject the structure for a cash settlement. These cases arise when:

  1. the defense wants to fund the structure using an annuity from a life company that does not meet the 5 standards for acceptance;
  2. the structure does not pass the due diligence checklist;
  3. the defense will only use an in-house annuity and will not split fund the structure when it is appropriate to do so.

Today, however, court ordered structured settlements are possible. And as such, plaintiff attorneys no longer need to default to a cash settlement when periodic payments are in the best interest of their client.

The Problem

Why do these cases settle for cash when a structured settlement is the more appropriate form of settlement? The most frequent root cause underlying the need to reject a structure is that the defense insists upon placing the annuity with its own in-house life company. Change the annuity issuer and the reason to reject the structure ceases to exist. Change, however, is not always possible. When the defense is unwilling to replace the annuity issuer, plaintiff counsel faces a dilemma when a structure is clearly the desired form of settlement. That dilemma is having to choose between an undesirable structure and a cash settlement.

The Solution

The key to resolving this dilemma lies in the court's authority to order how the settlement funds are distributed. And the procedure of looking to the court's authority is called the Court Ordered Structured Settlement.

Key Points to Remember:

  • Use the court ordered structure when the defense refuses to split fund.
  • Use the court ordered structure whenever in-house annuity placements are unacceptable

Benefits for Plaintiff Counsel

Negotiating Ease - Plaintiff Counsel spends no time negotiating periodic payment schedules with the defense, allowing the attorneys to focus on the amount for which the defense will settle and deposit with the court.

Accurate Contingency Fees - Court ordered structured settlements also end the uncertainty about how much the defense is spending to fund the periodic payments.

Greater Financial Security for the Claimant - The court ordered structure can bring greater financial security for two reasons. The first reason is that funding can be with a financially stronger life company than the company proposed by the defense. And the second is that the periodic payments can now be split funded between one or more annuity issuers and/or U.S. Treasury securities. Split funding reduces a plaintiff's exposure to default risk and can increase the amount that may qualify for guaranty fund protection. Split funding is possible with the court ordered structured settlement, whereas, split funding is not possible with an in-house annuity placement.

Needs Analysis Plan

Voit Econometrics Group utilizes the expertise of Settlement Strategies Inc., a Delta Group of Settlement Companies, to develop a Needs Analysis Plan which incorporates the following:

  1. Immediate Cash Needs;
  2. Annual Cash Flow; and
  3. Future Lump-sum
Information is taken from the Medical Rehabilitation Report and the Economic Report which is typically supplied to us by your office. After an agreement on the amount is established, a restructuring is then implemented taking into account any and all entitlements & benefits. Consideration is made on both a 'Special Needs Trust' (trust for family) and a 'Special Needs Trust' complying with OBRA 93, and providing reach back provisions for entitlements, to arrive at the final structure of settlement. We structure using Fixed Annuities or Bond programs (or both) to best suit the needs of the client and the client's family. The difference, in most cases, can be in the hundreds of thousands of dollars.

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