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When accidents occur, whether an auto accident, slip and fall, medical malpractice, wrongful death, or any other non workplace related injury happens, structured settlements are often set up with insurance companies to pay for these tortious acts. People who are in involved in personal injury or insurance related cases elect to receive a series of payments over a substantial period of time rather than receive an immediate lump sum payment. These payments typically total more than the amount a person would have obtained for an immediate payment. The injured party(Plaintiff) goes through a process whereby they elect to take this protracted payment, and sign off on a "Settlement and Release Agreement" allowing the Insurer(Defendant) to purchase an annuity policy on the insured's behalf that would provide for monthly, quartely, or yearly payments to the injured party, who now becomes what is called the Annuitant.
With the advent of new 2002 Federal Laws, and further State Protections, the injured party now has the right to get cash for their structured settlement by selling this annuity stream to an independent third party if he or she so desires. These periodic payments that flow from an insurance company annuity contract(called a structured settlement), may be transferred at anytime in the future for a lump sum today, but great care should be taken to ensure that the injured party obtains a proper court order. The reason for the court order is one of protection for the injured party, and that protection is twofold; first to protect the annuitant(injured party) from an unscrupulous transaction, and secondly, and just as important in our opinion, to preserve the tax free nature of the transaction. Without obtaining a court order, the proceeds received would be completely taxable, a fighteningly foreboding scenario.
The structured settlement holder should be aware that these annuity sales have specific legal guidelines that differ from state to state. These specific elements must be adhered to strictly in order to complete the transaction. Typically, the injured party receiving the payment stream must execute(sign) a new transfer and assignment agreement disclosing all contractual terms and the price to be paid.
At this point the injured party may be wondering how difficult it is for them to get cash for their stuctured settlement, since the procedure seems complex. In fact, the sale of a structured settlement annuity is a simple, straightforward process that any institutional funder has done thousands of times, and will handle all the paperwork properly. The only thing the injured party need do is make certain they provide the funder with the proper paperwork required in a timely fashion. This process is really a simple cookie cutter transaction. Once in court, the potential sale is announced to all interested parties and then is submitted to the court for their approval.
Bear in mind that this procedure is a process, and typically will take at least 90 days to consummate. In order to expedite the process, the injured party needs to make certain that they respond immediately to requests for information and paperwork from the funding party. The institutional funder should have a vast knowledge of the structured settlement business, and have consummated numerous transactions, and offer you referrals. This is for your protection and an acknowledgement that all proper legal guidelines will be adhered to. If your structured settlement company doesn't meet these requirements, use someone else.
Can you get cash for structured settlement? Yes. Provided your follow these easy guidelines.
Just because you have received a structured settlement for your lawsuit or insuracne claim, it does not mean you have to wait years to get the money you have comming to you. There are several settlement purchasing companies that will give you quick cash for your structured settlement. Such companies can pay cash for your entire structured settlement or purchase your remaining settlement payments. You can spend this lump sum payment on anything you wish such as a house, college tuition, business investments or debts.
What Is a Structured Settlement?
A structured settlement typically results from a personal injury lawsuit. This is an agreement where you agree to accept periodic payments over time in exchange for the release of liability of your claim. A structured settlement can provide payments in almost any manner that you choose. An example is a settlement that may be paid in annual installments over a number of years. Another is getting settlement payments in periodic payouts every few years.
These kinds of payments are generally awarded through the purchase of one or more annuities from a life insurance company. Structured settlements can also be given with lottery winnings, contest prize money and any other situation where there is a substantial cash award.
Structured Settlements May Not Always the Best Fit
Structured settlements are designed to provide some long-term financial security to injury victims through payments that are tax free. For most people, the agreed upon structured settlement payment plan initially makes sense. However if a financial emergency, business opportunity, unforeseen medical expense, or a house purchase can put a strain on the injured party's finances.
In this case the structured nature of the settlement may get to be too restrictive to cover major financial purchases. A structured settlement may also not be the best option for investing. There are several other investment vehicles that can generate far greater long-term return than the annuities that are used in structured settlements. Therefore, some people may be better off getting cash for their structured settlement payments and then begin building their own investment portfolio.
How Getting Cash for a Structured Settlement Works
If you receive an award from your injury case, your attorney or financial advisor may very likely recommend getting periodic installment payments versus giving you a lump sum of cash up front for your structured settlement. Then an independent third party can purchase an annuity that will provide you with tax-free periodic payments.
Companies that will offer cash for structured settlements have a variety of programs that will allow you to access any portion of your annuity. For an example, you may want to sell as few as four year's worth of payments and receive a lump-sum payment while still enjoying some portion of your monthly payments. Or you could even sell your settlement for a large payment that is five or six years in the future. You could also customize an arrangement to get cash for a structured settlement based on your own unique needs.
Here is an example of how obtaining cash for a structured settlement works: Let's say you were in an accident seven years ago. The accident caused you to be hospitalized for several months and undergo nearly a year and a half's worth of physical therapy. So you hire an attorney and sued the responsible individual-or, rather, the person's insurance company. Ultimately, your attorney advises you that you will be awarded a substantial sum of money.
After several months or years of negotiation, you receive a very nice sized settlement. However, the cash you will get upfront is only enough to cover the medical expenses you have accumulated. The rest of your compensation is scheduled to be paid out in regular installments through an annuity over the next 15 to 30 years. Instead of being restricted to a monthly or annual payments, you choose to contact a settlement purchaser to secure immediate cash for your structured settlement. You're then able to use that cash to enhance your current cash flow-rather than waiting on periodic settlement payments.
The Legal Issues of Receiving Cash for a Structured Settlement
If you're thinking about getting cash for your structured settlement, it's important to contact a financial advisor. Most states have specific regulations that can limit the sale of structured settlements, so you will need court approval to receive cash for your structured settlement. Federal restrictions can also affect the sale of structured settlements to a third-party individual. Some insurance companies won't transfer annuities to third parties.
Also, before you even try to obtain cash for a structured settlement, be sure to do your homework. Make sure to check out multiple companies to see which one can offer you the most cash for your structured settlement. You may also want to examine their integrity, reputation and track record. This will help ensure you have the most positive experience obtaining cash for your structured settlement.
Receiving cash for a structured settlement can very well be an ideal option if you need a lump sum of money to satisfy your immediate needs.