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Claims Administration

The Garretson Firm (TGF) has administered and distributed more than $2 billion in gross settlement awards, across dozens of settlement programs, involving tens of thousands of claimants.  At a high level, our claims administration services include:

  • Designing the claims administration process
  • Implementing the appropriate claimant-communication protocols
  • Managing claims, including driving participation rates, processing claims documents, and verifying claims data
  • Managing medical monitoring programs
  • Administering 468B Qualified Settlement Funds (QSFs), including preparing quarterly estimated tax payments for the fund, maintaining accounting records, preparing 1099s for attorneys and claimants, preparing annual tax returns and completing final accounting
  • Disbursing settlement proceeds

Due to our experience and knowledge across multiple settlement-related topics, TGF has earned a reputation as a prominent authority in the design and management of settlement programs.

A Closer Look - Claimant Education Call Center

In mass tort and class action matters, TGF offers a unique Claimant Education Call Center to:

  • Educate all participating claimants about the impact of settlement on government benefits, like SSI and Medicaid;
  • Inform participating claimants of all options they may have to preserve such benefits;
  • Memorialize the education process for all participating claimants via signed client acknowledgement at disbursement.

Based upon TGF’s experience in past projects, this specialized “healthcare” related call center can be integrated successfully into the claims administration process.  Redirecting this client education traffic to our subject-matter-focused call center allows the parties to concentrate their focus and resources on other issues.  Further, it ensures participating claimants are in a position to make informed decisions and increases the overall participation rate in the settlement.

“Many lawyers hadn’t created a method to determine if the payment system will kick clients off government benefits.  [The Garretson Firm] provides protection to the claimant and protection for the lawyer – benefits are preserved for claimants, and lawyers are protected from professional liability for failing to inform their clients about the impact of settlement.”

- Lawyers Weekly “Lawyers of the Year Award” December 2003

A Closer Look - 468B Qualified Settlement Funds

Qualified Settlement Funds (QSFs) uniquely introduce a degree of breathing space after settlement that is valuable by: (1) allocating the settlement proceeds among the claimants; (2) verifying and negotiating liens and / or subrogation claims; (3) determining the appropriate role and underwriting of a structured settlement annuity; (4) evaluating the need to preserve governmental entitlement benefits (e.g. the need for the establishment of a special needs trust); and (5) enabling a host of other decisions to be made without the pressure associated with the litigation itself.  This breathing space is made available because, while temporarily parked in the QSF, the assets are not “constructively received” by any claimant, as that doctrine is set forth in Treasury Regulation § 1.451.2. 

The creation of a QSF permits the defendants (and their insurers) to disengage from the litigation; and qualify for economic performance to obtain a current income tax deduction.  Payments made by the defendants are in exchange for a release from the present claimant(s) and possible future claimants.  Once payment has been made to the QSF the litigation process ceases for the defendants, thereby reducing legal costs and freeing up the resources being used in such litigation. 

The Garretson Firm does it quickly and for less money….”
-The Cincinnati Business Courier, “Settling into Legal Niche” July 13, 2007