The Pros and Cons of Structured Settlements


 


In Indiana personal injury law large personal injury jury awards and settlement amounts for cases such as brain injuries, spinal cord injuries or medical malpractice are often paid in part by means of a structured settlement. The way structured settlements work can vary, but usually, the paying party purchases an annuity from an insurance company and the injured party receives payments over a period of years. The total amount of the structured settlement is general far more than what the injured party would receive with a straight cash settlement.

This arrangement can have both advantages and disadvantages, and the person receiving the payments has to carefully consider whether or not to accept a structured settlement.

The primary advantage and disadvantage of receiving a lump sum payment are really the same: liquidity. https://askcompetentlawyer.com/business-commercial-litigation/ Someone suddenly has a whole lot of cash. Like with winning the lottery, this may or may not be a good situation depending on the level of responsibility and financial knowledge of the person who controls the money. Statistics seem to indicate that most people spend through their lump sum settlements in a far shorter time than they would have received their annuity payments.

The primary advantage of a structured settlement, besides the limitations on profligacy, is the tax-free status of the earnings involved. All PI settlements are tax free, but invest that money, earn interest, and that interest earned is taxable. The interest earned from the annuity of a properly structured settlement is not taxable; it is all considered a part of the settlement.

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