most structured settlement

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.

structured settlement

A Structured Settlement is an agreement between a personal injury victim ( a Plaintiff ) and an Insurance company ( the Defendant )to compensate the Plaintiff by the defendant with long term periodic payments instead of a single cash lump sum.

Payments can be tailored to each individual plaintiffs needs, to help meet expenses such as on-going medical and living expenses, education, children needs & support etc’ The fixed annuity payments are tax-free to the claimant, a cost-of-living adjustment (COLA) feature is available, that can help offset the effects of inflation over time, payments can continue as long as the claimant lives thus providing him the maximum benefits.

Structured settlements are encouraged by plaintiffs lawyers, Courts, Insurance companies and the legislators alike as they all agree it is the best solution to all parties involved especially for the claimant.

The annuity can be transformed in part or in full to a cash lump sum via private funds and should be approved by the Court. The funds are most interested to make these deals as they are very profitable to them because they take the long term tax free payments and in exchange pay the annuity holder less than the face value but in cash.

These same funds are handling Lottery winners long term payments into one single lump sum as well as all kinds services of cash against future payments.

In this time of confusion and turmoil in your life you need all the help you can get. The sad and naked truth is that the people and Institutions dealing with your claim, all want to cut a hefty coupons on your expense. They know you are in a vulnerable situation and due to the large sums of money involved you will not notice how they skim hundreds of thousands of dollars just under your nose.

Always think about the interests of the parties involved. Let’s take a purely hypothetical case, If the Defendant can save a large sum of money on your expense, say $150,000 out of 2.5 million dollars settlement, the watch dog you hired which suppose to take care of your interests thinking about his narrow interest.

The final result is you will get $150,000 less than you could have gotten, your watch dog will get additional $ 75,000 from the defendant, all this without you will ever know what was going on behind your back.

Some words of caution though, not every lawyer is a crook, on the contrary, most of them are hard workers honest and loyal professionals who will be afraid to lose their license. Exactly as not all Insurance companies are corrupt and greedy, but it's better for you to take precautionary measures. After all It’s your life, It’s your money and your future so watch out and be on guard.