Structured Settlement

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Structured Settlement

A structured settlement is a legal agreement to pay a specific person or persons, a specific sum of money in periodic payments, instead of in a single lump sum payment. Structured settlements were first utilized in Canada and the United States during the 1970s as an alternative to lump sum settlements. Structured settlements are now part of the statutory tort law of several common law countries including Australia, Canada, England and the United States. Although some uniformity exists, each of these countries has its own definitions, rules and standards for structured settlements. Structured settlements may include income tax and spendthrift requirements as well as benefits. Structured settlement payments are sometimes called “periodic payments.” A structured settlement incorporated into a trial judgment is called a “periodic payment judgment."

The typical structured settlement arises and is structured as follows: An injured party (the claimant) settles a tort suit with the defendant (or its insurance carrier) pursuant to a settlement agreement that provides that, in exchange for the claimant's securing the dismissal of the lawsuit, the defendant (or, more commonly, its insurer) agrees to make a series of periodic payments over time. The insurer, a property/casualty insurance company, thus finds itself with a long-term payment obligation to the claimant. To fund this obligation, the property/casualty insurer generally takes one of two typical approaches: It either purchases an annuity from a life insurance company (an arrangement called a "buy and hold" case) or it assigns (or, more properly, delegates) its periodic payment obligation to a third party which in turn purchases an annuity (which arrangement is called an "assigned case").

Structured settlements are often ideal under the following circumstances:

Guardianship cases where the victim dies and leaves minor children. A structured settlement can insure that funds are available for food, housing and education for the surviving family members.
Workers compensation cases where the injured party is unable to work for a protracted length of time. A structure will allow steady income to insure that the victim and their family will continue to have steady income.
Disabilities of a temporary or permanent nature that require extensive health care or recovery time.

There are many things to consider if you are in a position to receive a large amount of compensation for injury or accident. One of the options may involve payments over time. Before you act, you should learn as much as you can about structures in order to determine if such an agreement is right for you. As always, should you find yourself in such a situation, you should consult with a financial advisor and/or a competent attorney. The last thing you want to do is deal with a crisis without adequate help.

Authored by: Shveta Jairath This question has been viewed 401 times so far.

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