National Structured Settlements Trade Association
 

 

 

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The total value of the structured settlement is greater than a lump-sum cash payment because of compounding and tax-free benefits.
 

 

Home > Guided Tour > When to Consider Structured Settlements
When to Consider Structured Settlements

Personal Injury Cases
 
  To prevent premature exhaustion of funds through poor investments and /or mismanagement of assets
  To guarantee funds for long-term medical needs
  Temporary or permanently disabled injured parties
  Guardianship cases, including minors and incompetents
  Death cases where the surviving spouse may need monthly or annual income
  Severe injury, especially shortened life expectancy, and the mentally disabled
  Deferred payments for college funds, retirement, mortgage payments and attorney fees

 
Example of Deferred Payments:    
     
SETTING UP RETIREMENT AND COLLEGE FUNDS
 
   
Here's an example of a structured settlement that will provide the injured party, a 40- year-old male, with lifetime monthly income in addition to a retirement fund and four years of college tuition for his child. All of the money from this structured settlement is tax free, and it is guaranteed for life without the risk and worry associated with investing cash.
 
BENEFITS Benefits/Normal Life Expectancy Benefits Guaranteed
     
Tax-Free Lifetime Monthly Income
$1,500 per month for life,
guaranteed for 360 months        
$645,000   $540,000
     
Tax-Free Retirement Fund
at Ages 55, 60 and 65
   
     
Guaranteed payment
of $50,000 in 15 years     
$50,000 $50,000
Guaranteed payment
of $100,000 in 20 years     
$100,000      $100,000
Guaranteed payment
of $200,000 in 25 years  
$200,000  $200,000
Tax-Free College Tuition
$25,000 per year, guaranteed
for 4 years only,
beginning in 15 years         
$100,000      $100,000

Total Benefits: $1,095,000 $990,000

ANNUITY: $348,561
TAX-FREE INTERNAL RATE OF RETURN 7.17%
TAXABLE EQUIVALENT YIELD 10.40%
(ASSUMED TAX RATE 31%)
 
   

NOTE: Investors assume the risks associated with their investments during both stable economic conditions and volatile times, while structured settlements provide guaranteed future periodic payments, often for life, with no ties to market fluctuations, inflation, etc. Why should injured parties risk losing all or part of their settlements that will be needed in the future, when making the most of a settlement with tax-free guaranteed annuity payments is safe and easy?   
 

 


Workers’ Compensation
 

  Most workers’ compensation cases should be considered
  When applicants are on Medicare
- Medicare Set-Aside Allocations
  Long-term permanent disability cases
- (Six year or older are ideal.)
  When there is a dispute as to compensability
  Death claims with minor dependents
  When the majority of the settlement is for future medical care
  To offset Social Security benefits
  Cases which cannot be settled

 

Medical Malpractice Cases

    The doctor, if his or her actions deviated from generally accepted standards of practice;  
    The hospital for improper care or inadequate training, such as problems with medications or sanitation;  
    Local, state or federal agencies that operate hospital facilities.  
   
Note: Structured settlements should be considered in all of these cases, but especially in those involving minors, incompetents, and injured parties requiring long-term medical care and support.
 
       
  Click here to view a real-life story about medical malpractice cases.  

 


Construction Defect Cases
 

  Class action claims where the H.O.A. is the plaintiff are excellent candidates.
  Anytime the multiple plaintiffs repairs will be made over several years.
  When warranty issues on repaire or products are an issue.


Structuring Personal and Non-Physical Injury Cases

There has been a growing use of settlement annuities in the settlement of non-physical injury cases during the past few years. Similar to the use of settlement annuities for the deferral of income by attorneys, persons in personal injury cases may desire some of the benefits of deferred income for the settlement of their cases. These cases may include components related to their physical injuries, thus allowing them to receive some or all of their deferred payments on a tax-free basis. However, many injured parties who seek a settlement of employment or other personal injury cases may face heavy tax consequences as a result of their settlement, and thus may benefit from receiving all or part of their settlement over time in the form of a structured settlement.

Tax deferred annuities for cases involving discrimination, wrongful termination, property loss (construction defect), divorce, sexual harassment and environmental cleanup.
 

Example of Discrimination Case:

 

Discrimination Cases
 
Many discrimination cases are now being settled with annuities. If physical injury or physical sickness* is an element in a discrimination claim, a portion of the case could be structured with a settlement annuity. 

A recent U.S. Supreme Court decision (McKennon v. Nashville Banner Publishing Co.) which provides greater latitude for the defense in limiting damages and reinstating employees may be of interest to readers involved in discrimination claims. In a unanimous decision, the court held that an employer might defend a discrimination suit by producing evidence that the employee committed misconduct. In an after-acquired evidence case, the employee's lost wages would be limited at the point where the misconduct was discovered. The employer must prove that the employee would have been fired for the misconduct. The likelihood of reinstatement is reduced since the employer theoretically could not be forced to rehire any employee it would have  fired for misconduct. An example of misconduct would be if an employee lied on his or her resume.

It is believed that this decision will limit the number of discrimination cases that are filed.

Note: "Physical injury or physical sickness" as amended in IRC Section 130 (1986 Tax Reform Act).

 

 

 


 

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