A structured settlement pays an injury victim the compensation from his/her claim over time instead of in a single lump sum. Some injury victims opt for a structured settlement in a car accident case, while others end up with one through a court order.
Full Answer
What is a structured settlement in personal injury cases?
Structured settlements are settlements given to injury victims that are periodic payments over time instead of a single lump-sum payment. Typically, a structured settlement compensates a recipient through an annuity funded by the responsible party and issued by a life insurance company. 1
How do structured settlements payout?
Structured settlements payout over time as a stream of tax-free payments, rather than one lump sum. You can “cash in” your future structured settlement payments by selling them to a factoring company at a discount if you need immediate cash. Most structured settlements stem from personal injury, wrongful death or workers’ compensation lawsuits.
What are the pros and cons of a structured settlement?
Structured Settlement Pros and Cons 1 Payments are tax-free. 2 In the event of the recipient’s death, the beneficiary can continue to receive tax-free payments. 3 Payments can be scheduled for almost any length of time and can begin immediately or be deferred for as many years as requested. ... More items...
What is a a structured settlement for wrongful death?
A structured settlement is also a common way to compensate family members who claim loved ones were victims of wrongful deaths. Families may be entitled to receive a stream of tax-free payments to replace income after a loved one’s death. Structured settlements — or structured annuities — are both financial products and legal judgments.
Is a car accident a structured settlement?
Most auto accident claims are settled out of court, and the proceeds are paid in a lump sum payment. However, there are situations when it's better to be paid through a structured settlement where you receive the payments over time.
Why would you get a structured settlement?
Structured settlements are meant to provide long-term financial security to the injured party. If the amount of money is small enough, the wronged party may have the option to receive a lump sum settlement. For larger sums, however, a structured settlement annuity may be arranged.
Are structured settlements a good idea?
The best reason to support structured settlements is to have payouts of income to last throughout the beneficiary's lifetime. With guaranteed payments, there is less chance of losing principal to poor investments, spendthrift habits or the undue influence of family and friends.
How much can you get for a structured settlement?
“Some structured settlement companies charge 25 percent to 50 percent of the payment amount to be received,” said Sullivan. “That means getting the rest of $500,000 remaining in an annuity might result in a loss of $125,000 to $250,000.”
What is better a lump sum or structured settlement?
Structured settlements can save you on taxes versus a lump sum, and for many people work as a form of income or annuity every year. Structured settlements can work in many instances. But they may be less than advantageous in others.
Do you have to pay taxes on structured settlement?
Under a structured settlement, all future payments are completely free from: Federal and state income taxes; Taxes on interest, dividends and capital gains; and. The Alternative Minimum Tax (AMT).
Can you cash out a structured settlement?
If you have a structured settlement in which you receive your personal injury lawsuit award or settlement over time, you might be able to "cash-out" the settlement. To do this, you sell some or all of your future payments in exchange for getting cash now.
Is a structured settlement considered income?
Structured settlements are regular payments from a lawsuit over a long period of time. These are often given in cases like personal injury or worker's compensation lawsuits. They can be bought, sold, transferred, and inherited. They are an excellent source of income because they are regular and they are often tax-free.
What is an example of a structured settlement?
Examples of cases that may result in structured settlements include personal injury, workers' compensation, medical malpractice and wrongful death.
What to do with a $100000 settlement?
What to Do with a $100,000 Settlement?Sort Out Tax Implications.Find a Financial Advisor.Pay Off the Debts.Invest in a Retirement Home.Start a Business or Help Friends and Family.Donate the Money to the Needy.Final Words.
What is the usual result of a settlement?
After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
What is considered a structured settlement?
Allowed by the US Congress since 1982, a structured settlement is: A completely voluntary agreement between the injured victim and the defendant. Under a structured settlement, an injured victim doesn't receive compensation for his or her injuries in one lump sum.
Is a structured settlement considered income?
Structured settlements are regular payments from a lawsuit over a long period of time. These are often given in cases like personal injury or worker's compensation lawsuits. They can be bought, sold, transferred, and inherited. They are an excellent source of income because they are regular and they are often tax-free.
What is an example of a structured settlement?
Examples of cases that may result in structured settlements include personal injury, workers' compensation, medical malpractice and wrongful death.
Are Structured Settlements safe?
MYTH #2: Structured settlement returns are dependent on market conditions. Structured settlements are one of the safest, most stable investments on the market. The rate of return is locked in when the annuity is purchased, providing the claimant with a reliable investment, regardless of how the market fares.
What is a structured settlement and how does it work?
Structured settlements are periodic payments made to a plaintiff who wins or settles a personal injury lawsuit. Instead of receiving a lump sum of...
Where can you sell your structured settlement payments?
You can sell your structured settlement payments to a reputable factoring company, otherwise known as a purchasing company. It is important to do y...
What is the difference between a structured settlement and an annuity?
A structured settlement follows a court process, and it is a stream of payments determined through negotiations between a plaintiff and a defendant...
How much does it cost to sell a structured settlement?
Selling a structured settlement is not a dollar-for-dollar exchange. The purchasing company will charge a discount rate, which typically ranges bet...
Why do some injured parties use structured settlements in Washington State car accident claims?
Most victims receive car accident settlements in a lump sum payment. This type of payout offers the victim and his/her family quick access to a lot of money they likely need, but it also has a number of drawbacks.
What does Washington law say about structured settlements?
Washington State offers protection for accident victims who receive structured settlements through the Structured Settlement Protection Act. This law requires a court review of any proposed structured settlement, and a number of mandatory disclosures, including:
Max Meyers Law: Your Kirkland Structured Settlement Lawyer
At Max Meyers Law, we can work with you to determine if a structured settlement is right for you. Our Kirkland car accident attorney can ensure you see the full picture of your family’s current financial situation and anticipate your future needs. Lastly, we can negotiate a structured settlement agreement that is fair and equitable.
How Do Structured Settlements Work?
Legal settlements can be paid out in a one-time lump sum or through a structured settlement where periodic payments are made through a financial product known as an annuity. The key differences between these settlement options are in the areas of long-term financial security and taxes.
What are the pros and cons of structured settlement?
Structured Settlement Pros and Cons 1 Payments are tax-free. 2 In the event of the recipient’s death, the beneficiary can continue to receive tax-free payments. 3 Payments can be scheduled for almost any length of time and can begin immediately or be deferred for as many years as requested. They can include future lump-sum payouts or benefit increases. 4 Spreading out payments over time can reduce the temptation to make large, extravagant purchases and guarantees future income. This is especially helpful if the recipient has a medical condition that will require long-term care. 5 Unlike stocks, bonds and mutual funds, structured settlements do not fluctuate with market changes. Payments are guaranteed by the insurance company that issued the annuity. 6 A structured settlement often yields, in total, more than a lump-sum payout would because of the interest your annuity may earn over time.
What happens when a plaintiff receives a lump sum settlement?
When a plaintiff receives a settlement through a one-time lump sum, they might spend it too quickly, robbing them of the long-term financial security that future payments could provide. Moreover, any interest and dividends earned if the lump-sum were to be invested would be subject to taxes.
How are legal settlements paid?
Legal settlements can be paid out in a one-time lump sum or through a structured settlement where periodic payments are made through a financial product known as an annuity. The key differences between these settlement options are in the areas of long-term financial security and taxes. When a plaintiff receives a settlement through ...
Why is structured settlement more than lump sum?
A structured settlement often yields, in total, more than a lump-sum payout would because of the interest your annuity may earn over time.
What was the purpose of the National Structured Settlements Trade Association?
By 1985, the National Structured Settlements Trade Association formed to preserve and promote structured settlements to injury claimants through education and advocacy.
What happens when you lose a civil lawsuit?
Those responsible for the wrong may agree to the settlement on their own, or they may be forced to pay the money when they lose the case in court .
Understanding What is a Structured Settlement?
If you were awarded a structured settlement, you may have questions about how they work.
Personal Injury Lawsuit Settlements
Structured settlements can stem from different types of lawsuits, but they often come from personal injury lawsuits. This can include a wide range of specific lawsuits, such as car accident lawsuits, product liability lawsuits, slip and fall lawsuits, medical malpractice and so on.
Lump Sum vs. Structured Settlements
You may have also heard the phrase “lump sum” often as well. Understanding lump sum payments can also be helpful if you’re asking yourself, “what is a structured settlement?” A lump sum payment involves a single, one-time payment to the recipient. You’ll often hear about lump sum payments when it comes to lawsuits and lottery winnings.
Selling Structured Settlement Payments for a Lump Sum of Cash
If you are receiving structured settlement payments, you typically aren’t tied to receiving your money in the form of periodic payments indefinitely.
Contact DRB Capital Today
If you still have questions about how the process works and how to sell future payments for a lump sum of cash, contact DRB Capital today at 877-894-4541. We are happy to help and provide you with more information, as well as provide you with a completely free quote for the sale of your future payments.
What is structured settlement?
A structured settlement is an important financial planning tool available to parties in personal injury, wrongful death and workers compensation litigation, that provides essential income stability with tax advantages. Protect your recovery with a structured settlement and create or augment a stable financial core.
What is the phone number for a structured settlement?
Click To Call. 888-325-8640. Alternate Uses of the Term “Structured Settlement”. While the term "structured settlement" is formally and traditionally applied to settlement for payment of damages involving physical injury, physical sickness or workers compensation (where damages or claims are excluded from gross income to the extent set forth in ...
Who can place structured settlement annuities?
Please read our section How Structured Settlements Wor k. Structured Settlement annuities are only placed by or in conjunction with brokers and consultants who hold active life insurance licenses (annuities, which are issued by life insurance companies, are grouped into this category for regulatory purposes) and are authorized by the insurers that issue the structured settlement annuities. Note that even if someone markets themselves to you as a settlement planner, they are acting in the capacity as agent or broker when placing, or co-broking a structured settlement. In New York State, individuals or companies holding life broker licenses may also act as structured settlement consultants, but may not be appointed by the annuity issuer. Such brokers and consultants are generally paid a one-time commission or share of the commission, by the annuity issuer (s), or co-broker, for placing the structured settlement annuity or other funding asset. Generally, state insurance law prohibits rebating of commissions.
Is lump sum settlement structured settlement?
The inevitable question "lump sum or structured settlement?". is one faced by many plaintiffs. It may come up at mediation or when the case settles. However it is not an either/or answer because many times both a structured settlement and a lump sum is the answer.
Is a workers compensation settlement tax free?
When the settlement of claims represent payment of damages for personal physical injury or physical sickness, wrongful death, workers compensation and the settlement is structured using a qualified funding asset (a single premium structured settlement annuity, or a trust fund that invests only in obligations of the United States government), the periodic payments are income tax-free.
1. Wrongful Death
Ken Johnson was driving with his beloved wife, Jen, when a drunk driver hit their vehicle at a high speed. While Ken miraculously remained unharmed, Jen tragically lost her life upon impact.
2. Medical Malpractice
Sarah Swanson was receiving medical treatment for a serious kidney condition and her doctor ultimately determined that her unhealthy kidney needed to be surgically removed.
3. Car Accident
Jordan Jackson was driving to work when another driver, distracted and on her cell phone, collided head-on with Jordan’s vehicle. As a result of the other driver’s negligence, Jordan was severely injured. After multiple surgeries and sky-high medical bills, Jordan still had a long road of recovery ahead and was unable to work.
4. Slip and Fall Accident
Amanda Benson was grocery shopping one morning when she failed to notice a spilled jug of water on the floor. The grocery store staff was alerted of the spill but still hadn’t gotten around to cleaning it up. Because of their negligence and failure to take care of the wet floor, it posed a serious hazard to customers, including Amanda.
5. Product Liability
Morgan Anderson was excited about his new car purchase. He was a safe driver and always abided by the rules of the road. In fact, it was the car’s safety features that appealed to him most when he made his vehicle selection. Everything was fine for a few years, but what he didn’t realize was that his car was defective.
Contact DRB Capital to Get Started
Do you have questions about the structured settlement examples outlined above? Do you have a similar case or lawsuit, and would like more information about selling structured settlement payments for a lump sum of cash? Contact us today by giving us a call at 877-894-4541 .
