Structured Settlements Authority

What are Structured Settlements?

Historically, personal injury or product liability lawsuits were settled by the exchange of a single lump sum cash payment in return for the release of claim in a lawsuit. Under this arrangement, it was up to the individual and their families to manage the large initial sum and to use it to provide for the victim's medical and income needs over their entire lifetime. Structured settlements laws were created to help reduce the difficulties faced in these types of situations and to help provide the claimant and their families with long-term financial security.

Structured settlement payment agreements are unique in that they focus more on the beneficiary's financial needs and may provide payments for a certain period of time or throughout the injured persons life time. Formally recognized by the U.S. Congress in 1982, structured settlements are voluntary compensation agreements between the injured person and a defendant(s).

Structured settlements enable the beneficiary to receive a series of periodic payments instead of a cash lump sum. Most settlement agreements are entered into privately (e.g., a pre-trial settlement) while others, usually involving minors or persons deemed mentally unfit, may be created by a court order.

Structured settlements are a creative solution in that the payment amounts and the future annuity timetable are completely up to the parties negotiating the structured agreement. Rather than receiving a single lump sum, victims can receive a customized stream of tax free annuity payments, individually tailored to meet their present and future cash needs. Using structured settlements, annuity payments may be in equal amounts at regular intervals, or they may be paid in periodic lump sums. Larger intermittent payments are sometimes used to provide for anticipated future needs such as funding; a college education, medical equipment replacement (motorized wheelchairs), or planning for retirement. The possibilities for setting up structured settlements are limited only by your imagination. It is important to note however, once the parties have agreed to the structured settlement annuity amounts and timetable, the plaintiff cannot make changes.

Properly structuring payment benefits is very important. Most victims and their lawyers know that structured settlements are tax-free to the injured party. There are other factors however that you and your financial advisor should consider. Special tax ramifications on the investment income of the settlement proceeds need to be considered. In some cases, receipt of a large sum can result in loss of public benefits. It is important for the victim that the structured settlement benefits are properly structured so that the principal can be invested, and that the investment income remains tax free to the injured party. Structuring payments properly can also avoid the loss of public benefits. These are all important financial considerations.

Personal injury victims and their families often find themselves in unfamiliar financial positions, with both large new expenses and the structured settlements proceeds to manage. During this time of adapting to new lifestyle changes, is not a good idea to make large financial decisions unless you are well informed and seek out the advice of experts.