Legal News

23-Jun-2023

What Is a Structured Settlement and How Does It Work?

In recent years, Structured Settlements (SS) have become popular among people who are looking for a more secure option to receive their compensation payments. A Structured Settlement is a payment plan that provides a person with a pre-determined stream of periodic payments over a set period of time, typically in the form of an annuity. In this blog post, we will explore what a Structured Settlement is, how it works, and how it can benefit those who opt for it.

Understanding a Structured Settlement

A Structured Settlement is a type of court-ordered agreement in which a person receiving a settlement from a personal injury or wrongful death lawsuit will receive their compensation in the form of periodic payments over a set period of time instead of a lump sum. This arrangement is typically offered by insurance companies or other entities that are responsible for paying out the settlement. The most common type of Structured Settlement is an annuity, which is a financial product that pays out a fixed amount of money over a specified period of time.

The main advantage of a Structured Settlement is that it provides the recipient with a steady stream of income rather than a one-time, lump sum payment. This can be especially beneficial for people who are not financially savvy and would have difficulty managing a large sum of money. Structured Settlements also provide a sense of financial security, as the periodic payments are guaranteed by an insurance company or other entity.

Working of a Structured Settlement

An agreement is made with the insurance company or other organization in charge of providing the compensation when a person chooses a structured settlement. The amount of money that will be paid out, the timing of the payments, and the overall period of time that the payments will be made are all specified in the agreement.

The payments will be made in accordance with the conditions of the agreement once it is in place. Normally, the payments will be paid monthly, quarterly, or annually. The funds will be distributed in the form of an annuity, a financial instrument that distributes a certain sum of money over a predetermined amount of time.

Typically, a "structured settlement funding company" acts as the intermediary for the payments. This business will take care of the payments and guarantee that they are sent out on schedule. They could also provide further services, such as guidance on how to manage payments in the best way.

Advantages of a Structured Settlement

There are several advantages to opting for a Structured Settlement instead of a lump sum payment. Firstly, the recipient will receive a steady stream of income over a set period of time, which can be beneficial for those who are not financially savvy and would have difficulty managing a large sum of money.

Secondly, Structured Settlements are typically tax-free, meaning that the recipient will not have to pay any taxes on the payments. This can be especially beneficial for those who are in a high tax bracket.

Thirdly, Structured Settlements provide a sense of financial security, as the payments are guaranteed by an insurance company or other entity. The payments will continue to be made even if the recipient is unable to work due to disability or illness.

Finally, Structured Settlements allow the recipient to have more control over how the money is spent, as the payments can be used for a variety of purposes. This can be beneficial for those who wish to use the money for specific purposes, such as investing or paying for college.

Disadvantages of a Structured Settlement

Although there are several advantages to opting for a Structured Settlement, there are also some disadvantages to consider. Firstly, the recipient may not be able to access the money right away, as the payments are typically made over a set period of time. This can be especially problematic for those who need the money immediately to pay for medical bills or other expenses.

Secondly, the payments may not keep up with inflation, meaning that the recipient may not be able to purchase as much with the payments over time. This can be especially problematic for those who are relying on the payments as their primary source of income.

Finally, there may be a penalty for early withdrawal, meaning that the recipient may not be able to access the money if they need it before the end of the term. This can be especially problematic for those who may be in need of money in an emergency situation.

Get a Structured Settlement

If you are interested in getting a Structured Settlement, there are several steps that you will need to take. Firstly, you will need to consult with a lawyer who specializes in personal injury or wrongful death lawsuits. They will be able to advise you on the best course of action for your situation.

Once you have consulted with a lawyer, you will need to submit a claim to the insurance company or other entity that is responsible for providing the settlement. This claim must include all relevant information about the personal injury or wrongful death, as well as details about the settlement agreement.

Once the claim has been submitted, the insurance company or other entity will review the claim and determine if they are willing to offer a Structured Settlement. If they are, they will then provide you with a written offer detailing the terms of the settlement.

Once you have received the offer, you will need to review it carefully to ensure that it meets your needs. If you are satisfied with the offer, you will then need to sign the agreement and submit it to the insurance company or other entity.

Once the agreement has been submitted, the insurance company or other entity will begin making the payments according to the terms of the agreement. The payments will typically be made either on a monthly, quarterly, or annual basis.

Annuity of a Structured Settlement 

A form of annuity known as a "structured settlement annuity" (SSA) distributes a fixed sum of money over a predetermined length of time. It is frequently utilized for structured settlements since it gives the receiver a regular income stream as opposed to a single lump sum payout.

SSAs are frequently provided by insurance companies or other organizations and are intended to give the recipient financial security. The insurance company or other organization guarantees the payments, ensuring that they will be provided even if the beneficiary becomes ill or injured and is unable to work.

An SSA can be beneficial for those who are not financially savvy and would have difficulty managing a large sum of money. It can also provide a sense of security for those who are relying on payments as their primary source of income.

Tax Implications of a Structured Settlement

The tax implications of a Structured Settlement can vary depending on the individuals situation. Generally, the payments received from an SSA are tax-free, meaning that the recipient will not have to pay any taxes on the payments.

However, if the recipient decides to sell their Structured Settlement payments, they may be subject to capital gains taxes. It is important to consult with a tax professional to determine the exact tax implications of selling Structured Settlement payments.

Risks of a Structured Settlement

Although choosing a structured settlement has many benefits, there are also certain hazards to take into account. First off, the payments might not keep up with inflation, which would limit how much the receiver could eventually spend the money. For people who rely on the payments as their main source of income, this can be very difficult.

Second, if the receiver needs the money before the term is over, they might not be able to access it since there might be a fee for early withdrawal. For people who could be in need of money in an emergency, this might be very difficult.

Finally, because the payments are normally delivered over a certain length of time, the receiver might not be able to access the money immediately once. This might be particularly difficult for those who want the money right now to cover medical bills or other expenditures.

Sell a Structured Settlement

If you are interested in selling your Structured Settlement payments, there are several steps that you will need to take. Firstly, you will need to consult with a lawyer who specializes in Structured Settlements. They will be able to advise you on the best course of action for your situation.

Once you have consulted with a lawyer, you will need to submit a request to the insurance company or other entity that is responsible for providing the settlement. This request must include all relevant information about the Structured Settlement, as well as details about the sale.

Once the request has been submitted, the insurance company or other entity will review the request and determine if they are willing to approve the sale. If they are, they will then provide you with a written agreement detailing the terms of the sale.

Once you have received the agreement, you will need to review it carefully to ensure that it meets your needs. If you are satisfied with the agreement, you will then need to sign the agreement and submit it to the insurance company or other entity.

Once the agreement has been submitted, the insurance company or other entity will begin the process of transferring the payments to the new buyer. The process typically takes a few weeks, and the new buyer will begin receiving payments shortly after.

Conclusion

For individuals seeking a more reliable method of receiving their compensation payments, a structured settlement might be a good alternative. It might give the receiver a reliable source of income and a feeling of financial stability. Before making a choice, it's crucial to take into account the dangers of a Structured Settlement.