The answer depends on how the settlement is structured. In some cases, the client receives the funds directly and manages them personally. In others, the funds may be administered through a trust or another legal structure, with responsibility falling to a trustee, fiduciary, or other designated party. That is why this question matters. The management…
The difference comes down to what drives the planning process. Fiduciary settlement planning is built around a legal duty to act in the client’s best interest. Broker-led settlement planning is often built around a financial product or a narrower piece of the post-settlement process. That does not mean every broker-led conversation lacks value. It does…
Section 104(a)(2) is an important part of the tax framework surrounding personal injury recoveries. At a basic level, it addresses when certain damages received on account of personal physical injuries or physical sickness may be excluded from gross income. For plaintiff counsel, the practical takeaway is this: favorable tax treatment is not just a background…
A strong settlement result can create the impression that the work is finished. The number is negotiated, the client is relieved, and the file appears ready to close. From the outside, everything can look complete. But a settlement can still leave important gaps unaddressed. That is the core issue. The case resolves. The number is…
By the time mediation ends, some of the most important settlement decisions have already been made. That is exactly why settlement planning should not begin after the agreement is reached. It should begin before mediation starts. A lot of firms still treat settlement planning like a cleanup step. The case settles, the number gets worked…
A lot of people in settlement planning use reassuring language. They talk about guidance. They talk about options. They talk about taking care of the client. But those words can hide a very important distinction. Who is actually legally obligated to act in the client’s best interest? That is the real question behind fiduciary settlement…
A lot of attorneys assume those two phrases are basically the same thing. They are not. That confusion does make sense. Both show up at the end of a case. Both involve what happens after a settlement is reached. Both sound like part of the same conversation. But the difference is bigger than just wording.…
A Qualified Settlement Fund, or QSF, is a legal vehicle that can temporarily hold settlement proceeds before those funds are distributed to the plaintiff or plaintiffs. In practical terms, a QSF can give plaintiff counsel time and flexibility to work through important post-settlement issues before the money moves to its final destination. That matters because…
Settlement funds can affect Supplemental Security Income (SSI) benefits if they are received or held in a way that counts toward the recipient’s income or resource limits. That is the short answer. The more important point is that this issue is often avoidable when it is addressed before the money is distributed. For attorneys handling…
Yes. A personal injury settlement can affect Medicaid eligibility if the recovery is paid or handled in a way that makes the funds count against the client’s financial limits. That does not mean every settlement automatically causes a problem. It does mean attorneys should treat Medicaid exposure as part of the settlement strategy, not as…
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