If you own the rights to structured settlement payments, you have several options open to you that you may or may not choose to exercise. Knowing what those basic options are is the first step in determining whether your current arrangement is the best for you.

How Do I Know If I Hold Rights To A Structured Settlement?

Most people know if they hold the rights to a structured settlement, but since the definition can be somewhat broad, you may be unsure.

Basically a structured settlement agreement is a financial contract wherein a responsible party is committed to paying you in regular intervals to satisfy a financial obligation to you. Most commonly these are the result of a personal injury lawsuit where the person responsible for injury, damage, and/or negligence is required to compensate you for your pain and suffering and sometimes loss of property or use of it. The cases that result in structured settlement payments can vary and may include

• Physical injury

• Psychological harm

• Medical malpractice

• Wrongful death

• Property loss or damage

Structured settlements also derive from contests and winnings. Sometimes a lottery winning, gambling or casino win, or other similar large windfall may be structured as a recurring payment made over time rather than a singular large payment.

Awards that are formed into structured settlement agreements are usually quite large and so are paid out over time at a rate that is supposed to meet the needs of the recipient, while also compensating for damage done.

Where Structured Settlement Payments Come From

Because such large payments would be hard to meet for some payers, and also because the majority of such payments come from an insured party’s insurance provider, an annuity is usually purchased to cover them. This annuity is an investment bought for less than the actual amount owed, and accrues interest. A combination of interest and principal is used to make the recurring structured settlement payments, and this is the money received by the person receiving monies.

What Are My Options With My Structured Settlement?

If you do determine that you hold rights to payments, you have the option to sell those rights to a third party if it is deemed in your best interest; by doing so you can receive a large lump sum of cash at a discounted rate in exchange for a specified number of the payments. There are many ways this can be done, and you can choose to sell all or just some, or a percentage of your structured settlement payments. This is usually done to satisfy a financial need, such as to pay for unforeseen expenses, recover from financial stress endured during the settlement phase, or to access cash more quickly and gain better control over a larger sum rather than wait out accumulating payments.

Structured settlement payments do not arise out of fortunate circumstances in the vast majority of cases, although sometimes in the case of winnings they do. The agreements that are reached are not always ideal for recipients. Knowing what you hold rights to and exercising your payment and selling options is one way to recover from a bad situation, or possibly a way to make even better on a good one.

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Among the options open to you if you’ve received a structured settlement from a lawsuit or arbitration is what’s known as structured settlement mutual funds. You should take some time before you choose an investment vehicle for your settlement money and learn the pros and cons of the mutual fund option.

Always keeping your long-term financial security in mind, structured settlement mutual funds offer advantages and disadvantages when compared to other investing options.

When you are awarded a structured settlement, an insurance company sets up an annuity in order to pay you small portions of the money at regular intervals. The safest option is to keep the money”in house” and get a guaranteed scheduled payment that will never change. The downside to going this super-safe route is that your money will not grow (much, if at all).

With structured settlement mutual funds, however, the money is invested in one or more mutual funds. Mutual funds are groups of individual equities (stocks), the make-up of which is closely managed in an effort to maximize returns. The individual stocks in any mutual fund can change regularly.

This introduces an element of risk – sometimes significant risk. So, if you have your structured settlement money in a structured settlement mutual funds set-up, you have the potential for higher rates of return, but you also incur more risk that you’ll lose some of your money.

In most structured settlements, the annuity that is set up is guaranteed. You are assured of getting the same amount, month in and month out, until the settlement money runs out. It’s a good option for those seeking to avoid any risk.

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Structured settlement mutual funds are not guaranteed. The upside is the potential for earning more if the mutual fund’s value increases. It’s like getting a raise, but it isn’t a sure thing.

From a tax standpoint, income you receive from a fixed annuity is tax-free (in most cases). However, structured settlement mutual funds are subject to capital gains taxes and the possibility of some income taxation. Keep in mind that if your mutual fund loses money, the losses can be written off of your tax bill (under most circumstances), so it’s not all bad if things don’t go well.

Choosing a standard structured settlement fixed annuity means you are locked into a set payment amount and schedule. If your needs change down the road, this may cause you some financial hardships. With structured settlement mutual funds, you are allowed to move money around (within certain strict limits) from fund to fund. This will allow you to adapt to changes more readily.

As should be clear by now, this is not an easy decision. There are many pros and cons, whether you choose structured settlement mutual funds, the fixed annuity option, or any other alternative. This is one reason why it’s a smart move to enlist the services of a competent lawyer who specializes in this area of the law. It’s also wise to educate yourself as thoroughly as possible before making the final decision.

The day will come when you can use something you read here to have a beneficial impact. Then you’ll be glad you took the time to learn more about structured settlement mutual funds.

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A structured settlement involves cash payments on a regular schedule from one party to another as a result of a legal judgment or binding arbitration (or even a simple agreement between the two parties to avoid a legal confrontation). For many recipients, the lure of a big lump sum of structured settlement cash in their hands right away is overwhelming.

Enter structured settlement cash companies. They offer to buy structured settlements in return for one big payout to the recipient of the settlement. They make their money, of course, by offering only a percentage of the total settlement amount in return for giving the recipient a bundle of cash at one time. This happens all the time, although some critics believe it is borderline illegal, or at the very least distasteful.

If you’re in this situation and you decide to pursue a lump sum alternative, do your homework! Investigate the structured settlement cash company’s history thoroughly. Check with the Better Business Bureau, search the Internet, and by all means, hire a competent attorney. There are some tricky legal issues at play in these cases, and you don’t want to have problems later on with the law or the structured settlement cash broker with whom you’ve made these arrangements.

It’s smart to take some time after you learn that you’ll be getting structured settlement cash to get over the emotional high and return to more rational thinking. There is much to recommend keeping the structured settlement as is – that is, taking regular payments over time instead of selling the settlement for fast cash. One advantage is the tax shelter an annuity provides. You can set it up, with the help of a skilled attorney, so that it provides you with payments that are tax-free.

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However, often there are high fees associated with the management of an annuity. While the fees seldom come close to equalling the tax advantages, some people simply prefer a large lump sum in hand. Reasons include wanting to make a big purchase they’ve been putting off, such as a new home, or to pay down delinquent taxes or medical bills.

If you choose to sell your structured settlement cash award for a lump sum payout, it’s vitally important to hire a lawyer. Don’t let the $ signs in your eyes overrule the reasoning part of your brain. Slick companies have been known to settle with some folks for as little as one-third of the total amount of the structured settlement cash award! Those companies rely on a significant number of people who jump before thinking it through. This is why an attorney is so crucial. He or she can help keep you in the right frame of mind.

Other reasons to enlist the aid of a trained structured cash settlement lawyer include dealing with certain legal restrictions, tax implications, and related obstacles. It varies from state to state, so be careful. Whatever you decide to do with your structured settlement cash, arming yourself with the correct information for your situation is the key.

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Ideally, you will leave this article with an enriched perspective on the topic of structured settlement cash award. The facts and analysis presented here were written with a single goal: to help you the reader to learn more about this fascinating topic.