Friday, May 11, 2007

Selling Structured Settlements

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Structured settlements can be sold when there is a monetary emergency. There is an option of selling the settlement in parts, instead of opting to sell the whole settlement for a lump sum. The whole settlement needs to be sold only in case of dire emergency when the cash has to be raised immediately. Structured settlements can be sold as portions when money is required in smaller quantities and does not require the lump sum that would be available if the whole of the structured settlement is sold.

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Structured settlements ensure periodic payments of a lump sum, and the lump sum can be released by selling a part or whole of the structured settlement. However, when a structured settlement is sold for a lump sum, the amount received is usually considerable less than the market value or lower than what would be received in monthly installments, but they do provide the option for sale in case of financial necessity.

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In some cases where the structured settlement on periodic basis is no longer required, such as in cases of worker's compensation where the medical bills no longer need to be paid after the individual is discharged from the hospital, selling off the remaining portion of the structured settlement can produce a tidy lump sum that could be used for other necessities.

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Consider the legalities before selling a structured settlement, as some might not have the option of being sold earlier for a lump sum. Also, when the negotiations take place, some contracts might put up the restriction on sale of the structured settlement. Since structured settlements help in tax savings, it might make the person liable to pay tax after the settlement is sold. Also, if the settlement is being sold to raise cash for an emergency, it is possible that the insurance company might make an offer considerably lower than market value.

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Licensed brokers and attorneys would be able to assist in selling a structured settlement in an appropriate manner since they are specialized in this field. It is important to take their advice before selling either a part or whole of a structured settlement as this might result in a bad judgment on part of the individual.

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Structured Settlements

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Structured settlements are the payments made to an injured consumer by the insurance company from where the person has bought his policy. As the name itself suggests, structured settlements are the payments made over a period of time rather than being paid in a lump sum amount. Given their nature, they are also called periodic payments.

In fact, the settlement laws enable the defendants, which in most cases are the insurance companies, to pay the entire amount which is due in installments distributed over a period of time. This simply put means that the consumer does not get the entire amount as one payment.

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The question is who benefits from this arrangement- the insurance company or the injured consumer. Structured settlements are an ideal answer for both parties-the insurance companies and also the injured consumer. This is because the structured settlements are contracts between the insurance companies whereby insurance companies promise to make contractual payments to the policy holder in case of any bodily injury. In case the consumer dies in an accident, the surviving family members can also claim this amount. The advantage to the insurance companies is that they do not have to pay the entire amount at one time. Also, the law allows these companies to keep the entire amount in case of the consumer's death. For the consumer this means he is prohibited from receiving a lump sum payment. This can, in some cases, increase his hardship if he has to meet large medical costs after an accident or any other such disaster.

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These structured settlements enjoy special provisions under the law in that the income accrued from these periodic payments is tax free. This means that it becomes increasingly difficult for most investors to match the rate of return generated from a structural settlement. Consequently, the consumer not only gets excellent returns but also security and peace of mind in the bargain. This is because a structured settlement means a long term income that too with the added bonus of being tax free under the law.

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What Is A Structured Settlement?

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So what is a structured settlement you ask. Well, let's start with some background information.

Up until a couple of decades ago a person who won a lawsuit as a direct result of a worker's compensation claim, wrongful death or accident had to accept their compensation in a lump sum payment. It was assumed that the sum would be invested, with the beneficiary living off the proceeds for the duration of the recovery.

In some situations this kind of settlement works great while in others, the results can be disastrous.

Structured settlement offers a different pay out. It's an alternative to a situation where a lump sum payout would be deemed undesirable. With a structured settlement there is an agreement between both parties that the payment will be made over time instead of in one lump sum.

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It's challenging enough for a person who has been through the trauma of an accident or illness to be forced to adjust to their new lifestyle without having to deal with worries over whether or not they have invested their settlement wisely.

Imagine you've been active all your life and then one day you find yourself confided to a wheelchair and now aside from coping with limited mobility you have thousands of dollars in assets to manage. Even most healthy people would find investing such a financial windfall somewhat overwhelming.

However with a structured settlement you don't need to hire someone to handle your investments. Plus, all the tax implications are eliminated.

Not only would it be costly to hire someone to oversee your investments but how would you know for sure if he or she was trustworthy? And what if that person was proven to be incompetent - where would that leave you? This is your life and your financial nest egg you're dealing with.

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With a structured settlement the two parties come to an agreement and the party responsible for the payment purchases an annuity. This annuity is often bought through an insurance company.

The biggest advantage of a structured settlement is that the injured party receives a steady income over several years or in some cases, over the course of their lifetime.

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Structured settlement payments are regulated for inflation. In other words, the sum of all the payments distributed as part of the structured settlement would be greater than if the amount was paid in the form of a lump sum.

Since the structured settlement payments were purchased as an annuity up front, the party responsible for paying actually owes less than the sum of the payments.

Ultimately, a structured settlement is a win-win for both parties. The injured party becomes the recipient of a steady stream of income and the party who is responsible for paying doesn't have to concern themselves with monthly or annual payments.

That said, there are some situations like in the case of long term injury settlement where a structured settlement may not be the most ideal payment option.

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It's important to do your homework before accepting a structured settlement. When you're talking about large sums of money it's always wise to weigh the pros and cons before signing on the dotted line.

Ellie Gibb is a freelance writer who writes extensively on personal finance matters. For more related structured settlement articles visit http://www.elliesstructuredsettlementinfo.blogspot.com

Thursday, November 30, 2006

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