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Parties to a personal injury case may use a Structured Settlement when one or more future payments are used to settle the dispute. A Structured Settlement provides secure, management-free, guaranteed payments for plaintiffs, their families and their beneficiaries. Payments may be made for the lifetime of the plaintiff or for a fixed period and may include cost of living increases.
A structured settlement has many advantages. When the dispute involves a physical personal injury, the payments are entirely income tax free. The funds allocated to the structure cannot be quickly dissipated and the injured plaintiff can be guaranteed a secure source of funds for life. These guaranteed payments are independent of "get rich quick" schemes and the ups and downs of the stock market.
Payments can be arranged for many different needs, such as ongoing monthly bills, college tuition payments, medical expenses, special needs, retirement, downpayment on a home or business, or even ongoing mortgage payments.
A broker can obtain quotes and assist in purchasing structured settlements from highly rated annuity companies, working closely with all parties and having the plaintiff's best interests in mind.
If the defense makes a structured settlement offer, it is important to know the cost, or present value of the future payments, so it may be compared with an immediate cash settlement. Often, the plaintiff may want to make a counteroffer, either increasing the payments or changing the timing to provide for the known needs of the plaintiff. In any event, it is always advisable to have an expert review the documentation to ensure that it meets industry standards regarding constructive receipt, secured creditorship, assignments and other issues. Our firm is a nationally recognized expert in providing all of these services.
To obtain the best results, it is most important to involve a structured settlement advisor as early as possible in the negotiations. Once an agreement has been reached to settle for cash, it is generally too late to obtain the tax and other advantages of the structured settlement.