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Structured Settlement

Allows settlement discussions to focus on the needs of the claimant rather than what the claimant believes their case is worth.
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What is a Structured Settlement, how do they work, and how does it affect your claims costs?

A structured settlement is a negotiated, tax-free lawsuit or claims disbursed to the claimant in future periodic payments rather than a lump sum. If you have a structured settlement, it is essential to know the difference between an annuity and this type of payment. An annuity is purchased by the carrier at the time of settlement and offers predictable future periodic payments to the claimant.

A structured settlement is instrumental in bridging the gap between demand and offer. It allows negotiations to focus on what a person needs, rather than how much they think their case might be worth in court proceedings or discussions with insurers.

The carrier/ employer will be able to reduce their future medical exposure by providing a structured settlement. For example, suppose the claimant has an existing condition. In that case, it will be evaluated and projected for cost by providing that individual's rated age instead of using the age of a normal and healthy individual. It also reduces potential ongoing legal fees and expenses.

Types of Structured Settlements, Medical Malpractice, Personal Injury, Wrongful Death

There are two categories of structured settlements:

Qualified Settlements are claims that involve personal injury or tort and fall into the meaning of Section 104(a)(1) under Internal Revenue Code 1986 as amended. This makes them tax-free for those who make these settlements with a qualified settlement agent.

Qualified Structured settlements

  • Personal Injury
  • Wrongful Death
  • Medical Malpractice
  • Workersโ€™ Compensation

Non- Qualified Settlements do not come from personal injury or wrongful death cases and are not tax-free but rather tax-deferred.

Types of Non-Qualified Cases

  • Sexual harassment
  • Punitive damages
  • Discrimination
  • Long-Term Disability Clams
  • Construction Defect
  • Attorney Fees
  • Breach of Contract
  • Fraud
  • Real Estate
  • Environmental Claims

Settlement options: Structured or Lump Sum?

Claimants that decide to settle with lump sum risk early dissipation of funds. Structured Settlements allow for secure, predictable income with tax-free interest.

Benefits of a Structured Settlement

  • Tools for negotiation
  • Payments for benefits over time
  • Designed to meet claimantsโ€™ needs
  • Provides claimants with a secure, predictable, tax-free income
  • An alternative method for settlement negotiations/changes the settlement negotiations dynamics from โ€œcash onlyโ€ to a structured settlement
  • Help facilitate negotiations
  • Programs are highly versatile, flexible, and can be customized
  • Helps reduce future medical exposure by using a rated age
  • The help of your settlement consultant is FREE

What you need to know and when should you consider a Structured Settlement

Structured Settlements can save you money. They allow for substantial savings by structuring the Medicare-Set Aside, future medical, and indemnity payments in case an MSA over $50,000 might require it. When offering a structured settlement, make it your first offer and refer to the case early. This will facilitate settlement via a structured settlement.
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