How To Utilize Our Consultants

Case Selection

  • Ideal cases for structures include physical injury and workers compensation cases where a gap exists between demand and settlement authority.
  • Structured settlements particularly make sense for cases involving:
    • The catastrophically injured with significant future needs related to medical care and/or lost wages
    • Wrongful death, a surviving spouse and/or dependents
    • A Medicare Set Aside (MSA)
    • Claimants who may need spendthrift protection
    • Minors or the mentally incompetent

Early Referral

  • We recommend that cases are referred well before a mediation or settlement conference is set. This allows ample time to obtain and submit the following, if necessary, to Arcadia:
    • Medical records for the purpose of determining rated ages
    • Life care plan for review of pricing
  • Conduct file reviews either over the phone or in person. Regular scheduling of these reviews will ensure the structured settlement tool is being utilized fully to the benefit of the carrier as well as the claimant.

Pre-Negotiation

  • Engage Arcadia to conduct a needs analysis that will quantify future income needs, future medical care needs, and associated timelines.
  • Utilize Arcadia to provide introductory education to the claimant and/or the plaintiff attorney on the structured settlement concept.
  • Consider arranging a call with Arcadia to discuss the objections you may encounter and how to overcome them.
  • Determine if there are any lien issues that need to be resolved.
  • Is the claimant a Medicare or Medicaid beneficiary?  Will he or she be on Social Security Disability within the next 30 months? If so, contact Arcadia to evaluate the appropriateness of satisfying Medicare requirements with a structured settlement.
  • Notify Arcadia if the plaintiff’s attorney has his or her own consultant. Arcadia consultants have experience with how to work most cooperatively.

Mediation/Negotiation

  • Notify Arcadia when scheduling a mediation or settlement conference. The Arcadia consultant can help you determine whether or not he or she should attend in person or participate remotely.
  • Set up a conference call or in-person meeting prior to mediation to ensure you, Arcadia, and defense counsel have a unified strategy.
  • Make sure the plaintiff team is aware Arcadia is going to attend.
  • Utilize Arcadia to create proposals that specifically address needs revealed during the mediation.

Post-Settlement

  • Arcadia will provide the approved release language.
  • Arcadia will provide the funding request for the premium checks.
  • Arcadia will work with defense counsel on all settlement documents.
  • Arcadia will handle any miscellaneous questions that may arise post settlement.