At times,
when the plaintiff in a case
is awarded al large amount of money, the defendant, or someone acting
on that person’s behalf, will request that payment be paid in
installments over a specified period of time, rather than on a lump-sum
basis. This is known as a structured settlement
payment.
To guarantee
these payments, this is often done with the purchase of an annuity.
Since the structure is flexible and the parties involve agree on the
schedule, this may be paid in yearly installments or with a periodic
lump sum every few years.
Tax
avoidance is a major advantage when structured settlement
payment
is
made properly. At times, the plaintiff’s tax obligations may
be reduced significantly, and in certain cases, the settlement may even
be tax free. It can also ensure that the plaintiff’s funds
won’t be exhausted when they are needed to cover future needs
or care. In the case of minors, they may receive payments for certain
costs in their growing-up years, another disbursement for their
educational expenses, and other payments as adults. When plaintiffs
have suffered a physical injury, they may use the funds to purchase
modified vehicles or medical equipment.
On
the negative side, some people become frustrated when they receive
structured settlement payments because they are unable to borrow
against future income to buy a home or make some other major purchase.
To avoid this problem, plaintiffs may want to accept a lump-sum payment
and invest it themselves in order to realize a greater long-term
return. They should also avoid being charged excessive commissions for
creating the settlement, make sure that that the defendant
doesn’t overstate the value of the settlement, and determine
if their lawyer has any financial interest in the financial services
they recommend. If a settlement is large, it may be best to purchase
the annuities from several insurance companies.