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How do I set up a structured settlement?
Often the defendant agrees to give money to the plaintiff through a structured settlement in order to keep the lawsuit from going to trial. If the case does go to trial and the judge rules in the plaintiff's favor, the defendant may then be forced to set up a settlement.
What is considered a structured settlement?
A structured settlement is a negotiated financial or insurance arrangement through which a claimant agrees to resolve a personal injury tort claim by receiving part or all of a settlement in the form of periodic payments on an agreed schedule, rather than as a lump sum.
Are Structured Settlements a good idea?
Structured settlements offer plaintiffs the certainty of payments over a fixed period of time. However, lump sum payments may be better suited for cases involving minors, as they allow for long-term investing, or those suffering from a debilitating injury that will require future medical expenses.
Is a structured settlement considered income?
Structured settlement payments do not count as income for tax purposes, even when the structured settlement earns interest over time. Unlike stocks, bonds and mutual funds, fluctuations in financial markets do not affect structured settlements. The insurance company that issued the annuity guarantees payments.
What is the difference between an annuity and a structured settlement?
The difference between an annuity and a structured settlement is that annuities are generally financial tools available through insurance companies or investment firms. Lottery winnings often fall into this category too, if the individual opted for the annuity choice rather than the lump sum payment.
Should I take a lump sum or structured settlement?
A lump sum payment is generally preferable to a structured settlement in an injury case, but there are some exceptions. The majority of settlements in personal injury cases are lump sum payments. A structured settlement is when part or all of the settlement amount is paid to the plaintiff over a period of years.
Can you change a structured settlement?
Structured settlement annuities can be tailored to meet individual needs, but once agreed upon, the terms cannot be changed. Some civil lawsuit cases never make it to trial in exchange for receiving lump sum payments.
Can you cash out a structured settlement?
If you have a structured settlement from a personal injury or other lawsuit, you may be able to “cash out” the settlement. But cashing out a settlement annuity is not always easy or wise. To do this, you sell some or all of your future payments in exchange for getting cash now.
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