Independent Professional Advisor Helps Consumer

Independent Professional Advisor Helps Consumer

Independent Professional Advisor Helps Consumer:  Comparison of Court Terms

Court language can get tricky because of similar words used in phrases, or some concepts are used in Civil Court, and others for Criminal Court, but the meanings are VASTLY different.  Take a look:


Beyond a Reasonable Doubt – requires that the prosecution in criminal cases present evidence that is so conclusive that every element of the crime has been proven and that reasonable doubts are removed from the mind of the ordinary person.  This standard does not require the elimination of all doubt.

Preponderance of the Evidence – is the burden in civil cases, where greater weight of evidence supports the claims of one side over the other.


Dismissal Without Prejudice – means that the moving party can refile the same claim in the future, while Dismissal With Prejudice means that the moving party cannot refile the same claim.


Evidence – is any proof presented at trial including the testimony of witnesses, records documents, objects, etc.  Exhibits are objects, documents, records, etc. presented at trial and made a part of the case.


Jury Trial is when the jury is the body responsible for deciding the outcome of the case based on the facts presented.  The judge in a jury trial rules on matters of law.  In a Court or Bench Trial, the judge decides the outcome.


Juvenile Delinquency case involves a person under 18 alleged to have committed a crime.  There are no jury trials in delinquency cases.  Juvenile Dependency case involves a person under 18 who has been abandoned, abused, or neglected.  These cases and hearings are confidential, with the exception of some delinquency matters involving the most serious criminal charges.


Courtesy of Los Angeles Superior Court

Independent Professional Advisor

Want to Sell Your Structured Settlement

By AFG Newswire Sept. 17, 2014 9:30 p.m.


Want to Sell Your Structured Settlement; Need too Much Future Medical Help?

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Do you have your own health insurance?  Is it sufficient to cover those future medical expenses?  These are the types of questions and more that an independent professional adviser will ask you to help you assess whether or not you fit the criteria to be “granted” in court.


If you attempt to sell your payments, and get denied, it goes on record.   Best to be as prepared as possible.


California Insurance Code 10139.5(b)(7) states “Whether the payee is, at the time of the proposed transfer, likely to require future medical care and treatment for the injuries that the payee sustained in connection with the incident that was the subject of the settlement and whether the payee lacks other resources, including insurance, sufficient to cover those future medical expenses”.


This clause is part of the “best interest” of the payee criteria the judge uses to see if it is in the “best interest” of the payee to sell their future payments.  If the judge finds that it is not in your best interest, the sale does not go through.


Most cases that go to court get granted.  Most people wanting to sell have an independent professional adviser.  Judges like when an independent professional advisor has been consulted.

Structured Settlement Lawyer

Structured Settlement Attorney