the structured settlement has proven to be very effective in the
resolution of many personal injury actions, there are an
increasing number of situations in which this concept cannot
address fully the problems faced by catastrophically injured
persons. Specifically, these situations involve individuals
who are currently receiving certain types of federal aid which are
then discontinued upon the receipt of cash settlement funds or
even structured settlement payments. Often such a case
cannot be resolved because the discontinuation of government
benefits places the plaintiff in a worse financial position.
(i.e., the foregone entitlements exceed the value of the
complicating cases involving entitlement benefits are issues of
liability or coverage which limit the defendant's settlement
resources. The following article identifies these problems
and details the special needs trust solution.