Home -> Law Blog Directory -> Litigation Blogs -> Structured Settlements 4Real
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: Structured Settlements 4RealLouisiana HB133 Structured Settlements for Minors Bill Signed Into Law
By John Darer
On July 15, 2008, Louisiana Governor, Bobby Jindal signed HB133 a bill favorable to structured settlements and judgments in favor of children. The bill provided an amendment and renactment of Article 4521 to Code of Civil Procedure and enacted Articles 4272(C) and 4522.
Article 4272 Court approval of payments to minor
"In approving any proposal by which money will be paid to the minor as the result of a judgment or settlement, the court may order that the money be paid under a structured settlement agreement which provides for periodic payments and is underwritten by a financially responsible entity that assumes responsibility for future payments"
Article 4522 Judgment in favor of minor: structured settlement
"Whenever the court renders monetary judgment in favor of a minor, the court may order that the money be paid under a structured settlement agreement which provides for periodic payments and is underwritten by a financially responsible entity that assumes responsibility for future payments"
In both cases the Court is required to consider the following factors in determining whether the proposed payment schedule is in the best interest of the minor:
- Age and life expectancy
- Current and anticipated financial needs
- Income and Estate Tax implications
- Impact on eligibility for governement benefits
- Present Value of proposed payment arrangement and the method by which the value is calculated.
The new laws in Louisiana represent common sense and essential knowledge in today's world. Even though not specifically required in many other states it would be a best practice to provide justification.
Lawyers bringing cases to judges need to address these issues in advance and provide justification in their petitions. Working with a qualified knowledgeable settlement planner or litigation recovery management specialist and allied professionals will be essential.
Click Download louisiana_hb_133_re_structured_settlements_for_minors.pdf for the full text of Louisiana HB 133
Full post as published by Structured Settlements 4Real on July 15, 2008 (boomark / email).
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Federal Transportation Equity Act of 2005
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Ontario Lottery and Gaming Corporation
has been accused of not doing enough to keep addicted gamblers who have signed up for a "self-exclusion" program out of casinos.
Phone Bill Reduction
Qwest agrees to $16 million settlement in overcharging lawsuit.
Further Settlements Reached in Kitec Lawsuit
Kitec Pumbing Further settlements reached in Defective Products Lawsuit
Hormone Replacement Therapy Lawsuits See Multi-Million Dollar Settlements
HRT Lawsuits Pharma Faces Multi Million Dollar Settlements
AIG
and Ex Execs to pay $115 Million to Teachers Retirement System of Louisiana
Louisiana Citizen's Insurance
Settles Class Action for $35 Million

New Structured Settlement Law in Louisiana
Structured Settlements in Medical Malpractice Cases
Structured Settlements in Canada
Q & A for Lawyer's Clients about Structured Settlements and the AIG Problem
LA: Bill Requiring DOC to notify former prisoners of their voting rights signed into law
What is a Structured Settlement








