Injured Infants & Structured Settlements: What you need to know.
Updated: Jun 24
Have a Pending Infant's Case? The Team at Creative Capital Can Help.
Your Team at Creative Capital Inc.(“CCI”) understands the complexities when resolving a case involving an injured child. Our unique and holistic approach ensures attorneys and their clients are educated and prepared throughout the settlement process.
One area of expertise our clients have come to rely on is preparing and explaining Medical Indemnity Fund (or MIF) settlement calculations, before, during and after settlements. Read below to learn more about how CCI’s approach has assisted one of our clients, The Jacob Fuchsberg Law Firm, in cases involving minors and how we can help you on your next infant case.
What Our Clients Say:
“We have been very fortunate to work with Creative Capital over the past decade in all facets of our structured settlements. Their guidance has proved to be invaluable. Since our practice encompasses birth related injuries where children have been catastrophically injured, we have come to rely on Creative Capital's team including Marty, Morris, Charles and Rhys who have a sophisticated understanding of the Medical Indemnity Fund (MIF) and craft structured payment streams for infants based upon lifetime care and economic projections. We look forward to many more years of working together with Creative Capital, and are proud to endorse them as a leader in their field.” - The Jacob Fuchsberg Law Firm
How CCI Can Help You:
CCI will prepare Medical Indemnity Fund (or MIF) settlement calculations prior to settlement conferences as part of your mediation strategy.
At mediation (currently, via video conference due to the pandemic), CCI will make a CPLR Art. 50-A presentation to all participants. This will demonstrate the exposure value of your case and help plaintiff’s counsel establish the correct “total settlement amount”. If plaintiff’s counsel elects to do so, an explanation of the MIF calculation is always available to emphasizing the importance of its inclusion as part of the settlement.
CCI will provide a full structured settlement presentation to the plaintiff via video conference where CCI will educate the plaintiff on the powerful financial protection provided by a structured settlement and design a customized payment plan to address the current and future needs of the minor. This can also be done prior to mediation as a way of introducing the concept of a structured settlement, should the plaintiff accept the settlement offer.
CCI’s legal team will either draft or review and revise the Infant’s Compromise Order and various settlement documents which are instrumental to your client being admitted into the MIF and properly conclude the structured settlement ensuring it is in compliance with all tax and legal requirements.
Additional Resources on Structured Settlement Involving Minors:
About the Fuchsberg Law Firm:
For over 40 years, The Jacob Fuchsberg Law Firm has represented individuals in personal injury, medical malpractice, civil rights, mass torts, and false claims cases. We treat our clients as if they were our own family, with compassion and empathy, and represent their interests with tenacity in the courtroom in order to achieve the results they deserve.
About Creative Capital Inc.
Creative Capital Inc., established in 1980 and a founder of our industry, has been voted the Best Structured Settlement Provider both regionally (NY, NJ & CT) and nationally, recognizing our accomplishments and leadership over the course of our nearly forty years in business. 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.