Structured
Settlements
You have probably heard the term “Structured
Settlements” on a TV ad and wondered what exactly it meant.
It's not one of those terms you hear every day...
Structured settlement annuities
These two terms – structured settlement and annuities –
refer to two different but related concepts. When used together, they
may confuse you. Let’s sort them out, shall we?
A structured settlement is basically a financial or insurance
arrangement between two parties. It consists of payments made at a
regular interval over a predetermined period of time.
Personal Injury and damage claims
Structured settlements exist in a legal context, commonly pertaining to
the resolution of personal injury and damages claims. When a person or
organization sues another for an event that has caused personal injury
and damages, a ruling in favor of the injured party includes financial
compensation. This comes in the form of a structured settlement
agreement.
Apart from personal injury claims, structured settlements are also used
in other cases where a cash settlement is needed. These areas include:
labor compensation, employment cases, professional liability and
domestic relations suits. Lottery winnings can also be paid out via a
structured settlement.
Structured settlements involve three main forms of payment: an initial
lump sum, a series of monthly payments, and in some cases, periodic
lump sum annuities. The lump sum meets initial out-of-pocket expenses
incurred or that will necessarily be incurred, while the monthly
payments are the bulk of the total settlement. Periodic lump sum
annuities are less common but still viable in a structured settlement
negotiation.
When you refer to annuities, you are essentially referring to a legal
term that has two very different meanings. In principle, however, the
term annuity is a means of paying out funds at regular intervals
(usually annually, hence the term ‘annuity’) over a set
period of time.
Most annuity contracts involve a lump sum or a series of payments
(known as premiums) paid by a person to an insurance company. In return
for these payments (whether lump sum or premiums), the insurance
company pays the person an annual fixed amount, or income, for the rest
of that person’s life.
Since an annuity is simply a means of paying regular funds to an
individual, one may enter into an annuity in any situation where a cash
settlement is required. Thus, one such purpose annuity payments would
serve is compensation. A good example would be a personal injury suit
where the injured party is compensated for his losses using a
structured settlement annuity, which he receives tax-free. This means
that instead of giving him a lump sum settlement, that the company that
has caused his injury pays him a fixed income over a given number of
years.
Another means of entering into an annuity contract is for investment
purposes, where it is called an investment-structured annuity. As we
brought up earlier in this article, a pension plan for a senior citizen
about to retire would be a good example of such a contract.
This type of annuity can indeed be a very sound investment. However, if
you are a senior citizen who is considering buying an
investment-structured annuity, such as a pension plan, look into it
very carefully (preferably with an estate planner, financial planner,
accountant, or similar trusted financial advisor) to ferret out all the
possible hidden costs.
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