BrantHickey.com :: Paving Your Future

Areas of Expertise

Aviation
BH & A has become a leader in providing structured settlements to the aviation community. We have worked on many international cases, including claims from Aeromexico, Avianca, PanAm and Korean Airlines. Many national cases have also been successfully resolved through the use of structured settlements, most notably on cases from USAirways, United and many private plane accidents involving significant losses.

We provide expert testimony and expert review of economic analysis at no charge to the client. We have also played an integral role in providing information to victims of 911 as well as the Victims Compensation Fund.

Medical Malpractice
Since 1982, when we settled our first medical malpractice case with a structured settlement, our goal has been to establish this settlement tool as a preferred method for claims professionals and plaintiff attorneys.

Due to the many complex issues surrounding a medical malpractice claim, a properly designed structured settlement meets or exceeds the long-term financial needs of an injured claimant.

We work with many established defense counsel, insurance companies, and self-insured hospital groups to ensure that the client is getting the best annuity program at the most competitive price.

Life Care Planning
Cases involving significant injuries, especially head injuries to minors, usually require a long-term, lifetime of benefits. The use of Life Care Plans has grown dramatically in the past 20 years, and many times the cost of services between the plaintiff versus the defendant plan vary just as dramatically. On catastrophic cases, we provide life care planning services by a national recognized company free of charge to our clients.

Workers Compensation
Structured settlement annuities have become an excellent financing tool to close our workers compensation cases. Claims filed after August 5, 1997, can be assigned and all future obligations removed from the defendant/insurance company. Claims filed prior may be funded through a reinsurance product. Either approach allows for commutation provisions should the worker return to work, die or settle his claim, or, upon remarriage or withdrawal of dependent children from school. BH & A specializes in analyzing the defendant's position to recommend the most cost saving approach to settling the claim.

Non Physical Injury Cases
From the early inception of the use of annuities for personal injury cases, the applicable Internal Revenue Code Section (a) (2) referred to "payments free of income tax on account of physical injury." Growth in non-physical injury cases such as divorce, environmental, age, and sex discrimination and attorney fee structures has led to innovative products from the life insurance companies. While these annuities may not offer the total tax-free payouts that physical injury cases provide, they will provide payouts with favorable tax treatments with a substantial tax deferral.

Medical Reversionary, Medical Set-Aside and Special Needs Trusts
A comprehensive financial plan is then created to fund, for all aspects of the plaintiff's needs within the parameters set forth by our client. Oftentimes, BH & A employs the services of Certified Life Care Planners to create our own case work-up, which establishes the basis of the program. For significant cases BH&A provides this service at no charge.

Sample case documents and forms are provided to clients interested in pursuing the use of these trusts.

Medical Government Agencies
Utilizing the "not for profit" status, local, state, and federal government entities may also act as grantor of a reversionary trust, medical or otherwise. This tool allows for a return of any unused trust funds upon the death of the claimant. Oftentimes, complex and uncertain future medical issues can be resolved by funding the trust to make payments for expected and unexpected health issues.

A sample "Capital Needs Analysis" is included in Appendix A, which acts as the cash flow worksheet necessary to determine the proper mix of annuities and trust seed dollars. BH & A can also select the bank trustee with experience in managing these specialized accounts.

Environmental & Mass Torts
BH & A has provided annuities in the settlement of several environmental impairment clean up and well monitoring cases. Oftentimes, resolution of claims involving PRP's (potentially responsible parties) hinges on the guaranteed future income stream created by the structured settlement. We are conversant in the areas of this litigation and regularly assist the Fortune 500 and insurance companies as well as state agencies in producing creative resolutions. Mass torts require guideline programs with individual attention. We will develop programs to fit the needs of both defendants and plaintiffs in conjunction with settlement procedure. Each case is treated as an individual event and handled by experienced brokers.

BH & A has focused much attention on assisting in the resolution of the 911 Victims Compensation Fund.

Auto & Product Liability
Cases involving injuries due to automobile accidents and product liability claims have long been most properly settled utilizing a structured settlement. Especially in cases involving injuries to minors and when life expectancy has been reduced, the services of BH & A can effectively assist in the financing of future lost wages, as well as medical costs. Many times the gap between defense reserves and plaintiff needs can be bridged through the excellent tax-free rates of return achieved by the structured annuity.

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