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OUR VIEWS JUDGES FASHION A GOOD SOLUTION PEOPLE WHO WIN SETTLEMENTS NEED PROTECTION FROM PREDATORS
AMERICAN society has become so litigious that it has spawned a whole new financial industry – buyouts of “structured settlements.” That in turn has given rise, at least in Kanawha County, to a whole new layer of judicial oversight. It’s designed to protect successful claimants from people who want to by their settlements at a rapacious discount.

It’s a whole new world.

But let’s hear it for Kanawha Circuit Judges Tod Kaufman and Jim Stucky, who became concerned at what was going on and set up a mechanism to make people think twice before selling the rights to settlements they won in court.

It’s a good idea.

A few years ago, the Legislature made it legal for people who win legal judgments to sell their rights for cash on the barrelhead. Companies based in Florida, Nevada and elsewhere began offering to by such settlements for a fraction of what they would be worth over time.

State law requires judges to approve buyout deals that are “fair, reasonable and in the best interest of the consumer.” The problem is that the consumer can’t always figure out what’s in his best interests, and it would be uncomfortable for a judge to point out that a deal was a dog and then approve it anyway.

So Kaufmann and Stucky began asking Charleston lawyer Troy Giatras to study the settlement offers and look out for claimants. This is a good thing, even if claimants don’t always appreciate it right away.

For example, on man sold the rights to 179 payments of $629 a month to the Tort Victim’s Assistance Finance Co. of West Virginia, an outfit based in Boca Raton, Fla.

The company gave him $20,525 up front, less than a third of what he would have received by sitting back and waiting for the monthly payments.

People have wanted to sell steady incomes from legal judgments to get their hands on ready cash for seed money for a nail salon, a down payment on a house, or rent money.

They get mad when Giatras points out that this would be dumb and says he intends to oppose approval of the deal. But most claimants come around in the end, and appreciate the advice.

It’s a creative approach to a growing problem. It reflects well on the court.

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