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CPLR 50-A & 50-B: The Underutilized Tool in Your Toolbox.

Updated: Jul 30, 2021

A Powerful Pre-Trial Settlement Tool to Justify Larger Demands.

Many attorneys know CPLR 50-A & 50-B are important post-trial statutes that govern the form of judgment. But the real benefits come when counsel engages an expert, like Your Team at Creative Capital, to calculate the judgment value/cost to the defense before trial. Our team has made a point of staying on top of important case law involving CPLR 50-A & 50-B and incorporating any changes resulting from these cases into our analyses and draft judgments.

By educating defendants, carriers, mediators and JHOs of the defendant’s true exposure, many of our attorney clients have achieved more favorable settlements than if they had not retained our services. This technique will equally benefit newer/younger attorneys as well as seasoned trial lawyers in effectively utilizing Articles 50-A & 50-B to illustrate the multiplier effect, often resulting in achieving fairer, faster settlements.

What Our Clients Say:

I’ve been working with the team at Creative Capital for at least 15 years and their knowledge and mastery of all issues relating to CPLR Articles 50-A and 50-B cases is second to no one. While partnering with them on Savillo, we used Creative’s incredible analysis of the values of each element of a potential judgment as the foundational basis for our negotiation strategy. They have gone on from that judgment to make it kind of a watershed case for how to properly use an exposure based approach to plaintiff’s advantage. Far too many trial attorneys don’t use this technique, and I think it’s leaving a tool out of the toolbox. The team at CCI is not only the best when it comes to providing and presenting Article 50-B analyses and all supporting case law, but they also have a legal support team that completes cases and helps with compromises quickly and efficiently. There is no company I would rather refer my peers to than the team at Creative Capital.

- David Golomb, Esq., Golomb & Longo, PLLC

The Creative Approach and How it Can Help You and Your Client.

We’ll show you how to utilize CPLR 50-A & 50-B as a powerful pre-trial settlement tool to justify far better demands.

CCI will prepare a customized presentation detailing the multiplier effect on defense exposure at trial. If plaintiff counsel elects to do so, this tool can be sent to both the mediator and defense prior to virtual mediation.

At mediation, CCI will make a presentation to all attendees. CCI will review the hypothetical CPLR 50-A or 50-B analysis and supporting case law, further emphasizing the defendant's exposure at trial.

CCI will provide a full structured settlement presentation to the plaintiff where our experts will educate the plaintiff on the powerful financial protection provided by a structured settlement should the plaintiff accept a settlement offer.

Additional Resources on CPLR 50-A & 50-B and Structured Settlements:

Have an Upcoming Mediation? Contact Us Today.

Your Team at Creative Capital can be a valuable resource for you and your client at every point in the process. Contact Us for more information on how we can assist on your next case.

About the Golomb & Longo, PLLC:

With more than three dozen million-dollar verdicts and settlements, Golomb & Longo, PLLC is one of NY's premier personal injury law firms. Golomb & Longo, PLLC concentrates on complex negligence matters, including death and catastrophic injuries from medical and professional malpractice, construction incidents, highway design, automobile incidents, product liability and on behalf of sexual abuse victims and disability insurance claimants.

About Creative Capital Inc.

Creative Capital Inc., voted the Nation’s Best Structured Settlement Provider, is a nationwide structured settlement consulting firm and a founder of the structured settlement industry, serving clients for forty years. Our skilled team partners with clients to provide innovative solutions designed to achieve better settlements. Everything we do is driven by a strict code of ethics along with the expertise and experience of an industry leader.

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