When the defendant and plaintiff agree to resolve a lawsuit with a structured agreement, the parties negotiate a cash amount payable by the defendant in exchange for the plaintiff to withdraw the lawsuit. The money is distributed as a series of periodic payments, usually financed through an annuity. Structured settlement purchasing companies, also known as factoring companies, provide services to those who sell their structured settlement payments. These companies offer deal owners lump sums of cash in exchange for rights to future payments or parts of future payments.
These transactions between the holder of the settlement annuity and a third party are what is called a secondary annuity market. The choice is ultimately up to the plaintiff, and many consider a structured settlement to be much more beneficial than a lump-sum cash payment. And if the settlement just isn't that big, you won't get a significant advantage from a structured settlement. The law served as the federal government's acceptance of the IRS ruling and extended restrictions to state governments, prohibiting them from taxing income from structured settlement of personal injury cases.
If the state uses the equitable distribution method and the agreement was obtained before marriage, the agreement is likely to stay with the owner of the agreement. Structured settlements have received strong support from the federal government, as well as plaintiff attorneys, state attorneys general, legislators, judges, disability advocates and many others who have seen their power to protect injury victims from rapidly dissipating or exceeding their incomes, then time in which will no doubt resort to various forms of government or public assistance. A settlement generally includes a lump sum of cash upfront (cash advance), once, to cover immediate expenses, followed by guaranteed, tax-free, periodic payments customized to meet the needs of the settlement winner. When a plaintiff receives a lump sum settlement, they may spend it too quickly, depriving them of the long-term financial security that future payments could provide.
With a structured settlement, you have much less money in the bank and, therefore, a much lower tax liability. If you need a copy of your settlement agreement, you will need to contact one of the parties involved in the settlement, your lawyer or the agent. Finally, there is an additional commutation clause in some agreements that allow the inherited annuity to be paid in a single payment, so check that as well. We offer competitive rates and set the industry standard for excellent service to injured victims and structured settlement brokers.
Annuity is an irrevocable flow of regular payments from an insurance company structured in a manner dictated by the court system. The structured annuity emerged in 1983 after the Periodic Payment Settlement Act of 1982 was established. Congress has provided an opportunity for injury victims to receive guaranteed periodic payments as part of their personal injury settlements.