Mesothelioma is a rare form of cancer directly correlated to the exposure of asbestos, in which abnormal cells line the chest, abdomen and heart. Although there are treatments for the disease, such as radiation and surgery, their success is based on the stage of the cancer and how far it has spread throughout the body. Unfortunately, many people go undiagnosed and untreated for years. In most cases, symptoms for mesothelioma victims don’t even appear until 30-50 years after the initial exposure to asbestos. Furthermore, those who are stricken with the disease may not even realize it because many of the symptoms mimic those of the common cold, such as fever, chest pains, coughing and shortness of breath. In more advanced stages, however, symptoms can include sudden weight loss, abdominal pain, fluid in the lungs and even coughing up blood.
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A structured settlement for workers’ compensation or physical injury tort claims is a special provision under the United States Internal Revenue Code [Sec. 104(a)(1) and (2), respectively] that exempts all payments from current year income taxation, whether received as a lump sum or over a period of time. If the entire settlement is taken as a cash lump sum, that amount is excluded from current year taxable income, but the first dollar earned on the award becomes a taxable event. The structured payments must be determined at the time of settlement and incorporated into the settlement agreement and release, not afterwards when it is too late. Once the cash is either actually or constructively received by the claimant, the benefit of tax free growth is lost forever.
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A structured settlement can protect a plaintiff from having settlement funds dissipated, when they are necessary to pay for future care or needs. Sometimes a structured settlement can help protect a plaintiff from himself - some people simply aren't good with money, or can't say no to relatives who want to "share the wealth", and even a large settlement can be rapidly exhausted. Minors may benefit from a structured settlement as well, such as a settlement which provides for certain costs during their youth, an additional disbursement to pay for college or other educational expenses, and then one or more disbursements in adulthood. An injured person who has long-term special needs may benefit from having periodic lump sums with which to purchase medical equipment or modified vehicles.
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