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Structured Settlement Explained
from: Lynn KenilworthIf you have been wronged in some way and are suing a person or entity in court, you need to know how to get a structured settlement.
A structured settlement begins with a lawsuit filed and the plaintiff winning the case and being awarded a monetary sum. The defendant may be required by the court to pay you a certain amount of money for damages.
Now, regardless of who proposes the idea, structured settlement is usually an option that is brought up when the defendant is obligated to pay for damages costs to the plaintiff. A structured settlement would allow the defendant to set up a payment schedule rather than paying with just one lump sum.
More often than not, structured settlements involve the purchase of annuities to ensure that the defendant would be able to fully comply with his future obligations.
There are laws regarding structured settlements which include:
1. A structured settlement must always be agreeable to both parties. If the plaintiff is completely against the proposal, the defendant may have no choice but to give in to the plaintiff's demands. The winner of the lawsuit has the upper hand.
2. The terms and conditions must be amenable to both parties as well. It is up to the plaintiff and defendant, through their respective attorneys, to work out the payment schedule and details. Some parties might prefer the structured settlement be in monthly payments while others may prefer a lump sum given once a year.
3. Approximately two-thirds of the states have very specific laws that prohibit people from selling their structured settlements. Check with your local state laws to ensure that you do not violate any statutes if you consider selling your structured settlement.
There are benefits to structured settlements:
1. Tax Avoidance - If your structured settlement is being handled by a lawyer with considerable expertise in this field, rest assured that you can enjoy tax reductions at the very least. As for the best-case-scenario, there?s always a chance that you can enjoy a tax-free structured settlement!
2. Continuous Income - If you have been incapacitated in some way by the defendant, preventing you from working, a structured settlement could easily serve as your income for the time you need to fully recuperate from whatever injuries you have sustained.
3. Self-Protection - If you have a tendency to overspend, a structured settlement would prevent you from wasting your money as it only gives out small, scheduled payments. If you also find it hard to say no to people that ask for help when they hear of your won lawsuit, a structured settlement will prevent you from giving away all your money.
There are disadvantages to structured settlements:
>> If you need a huge sum of money now, a structured settlement would prevent you from access to your entire settlement amount. If you are a successful investor, a structured settlement would prevent you from making use of your money since a smart investment usually has better returns than a simple annuity.
One last word:
> Research and hire a neutral party to handle your structured settlement.
> Community property states have different laws than other states.
> Make sure you keep an eye on your lawyer for any under handed dealing on your behalf.
A structured settlement is a way to receive a steady income from a lawsuit. It is not a windfall, as you had to have been wronged to get it. Just do your research, hire good people to help you through this, and it will benefit you for years to come.
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