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Serious Injury

Structured Settlements for Catastrophic Injury Cases

Catastrophic injury settlements often involve millions of dollars intended to provide lifetime financial security. Structured settlements—periodic payments rather than lump sums—offer significant benefits for seriously injured victims and their families. Understanding structured settlement options helps you make informed decisions about your settlement.

What Is a Structured Settlement?

A structured settlement provides periodic payments rather than a single lump sum:

**How It Works**
The defendant (or their insurer) purchases an annuity that makes scheduled payments to you over time, funded from your settlement.

**Payment Options**
• Monthly, quarterly, or annual payments
• Increasing payments to match inflation
• Lump sums at specified future dates
• Payments for life or a set term
• Combination of options

**Customization**
Structured settlements can be tailored to your specific needs:
• Higher payments during rehabilitation years
• Education funds for children
• Home purchase lump sums
• Retirement income

**Security**
Payments come from highly-rated insurance companies, providing financial stability regardless of market conditions.

Our attorneys help design structured settlements that meet lifetime needs.

Tax Advantages of Structured Settlements

Structured settlements offer significant tax benefits:

**Tax-Free Growth**
Unlike investments, structured settlement payments are completely tax-free—including the interest earned. A $2 million lump sum invested at 5% generates $100,000 in taxable income annually. The same amount in a structured settlement generates tax-free income.

**IRC Section 104**
Federal tax law exempts personal injury damages from income tax when paid through qualified structured settlements.

**State Taxes**
Most states also exempt structured settlement income from state taxes.

**Comparison Example**
$3 million settlement:
• Lump sum: After taxes on investment income, you might have $2.2 million after 20 years
• Structured: Tax-free payments totaling $4+ million over 20 years

For catastrophic injury victims needing lifetime income, tax advantages can add millions to effective recovery.

Structured vs. Lump Sum: Making the Choice

Consider these factors when deciding:

**Arguments for Structured Settlement**
• Tax-free income growth
• Protection from poor financial decisions
• Guaranteed lifetime income
• Protection from creditors
• Steady income for care needs
• Cannot be depleted by family members

**Arguments for Lump Sum**
• Immediate access to all funds
• Investment flexibility
• Ability to pay off debts
• Home purchases
• Control over assets
• Higher returns possible (with risk)

**Hybrid Approach**
Many catastrophic injury victims use both:
• Immediate lump sum for urgent needs (medical bills, home modifications)
• Structured payments for ongoing expenses
• Future lump sums for anticipated needs

Our attorneys help you evaluate options based on your specific circumstances and needs.

Protecting Catastrophic Injury Settlements

Large settlements require protection strategies:

**Financial Predators**
Settlement recipients often face pressure from family, friends, and scammers. Structured settlements protect against:
• Requests for "loans"
• Investment schemes
• Excessive spending

**Healthcare Program Eligibility**
Large lump sums can disqualify you from Medicaid and other need-based programs. Special needs trusts and structured settlements can preserve benefits.

**Divorce and Creditors**
Structured settlements have greater protection from creditors and divorce divisions than lump sum assets.

**Financial Inexperience**
Many catastrophic injury victims have never managed large sums. Structured payments prevent rapid depletion.

**Statistics**
Studies show a significant percentage of lump sum recipients deplete settlements within 5 years. Structured payments provide lasting security.

Our attorneys discuss asset protection strategies appropriate for your situation.

Designing Your Structured Settlement

Work with your attorney to design payments matching your needs:

**Immediate Needs**
• Lump sum for medical bill payment
• Home modification costs
• Vehicle purchase
• Debt elimination

**Monthly Living Expenses**
• Ongoing medical costs
• Attendant care
• Housing costs
• Utilities and food

**Future Needs**
• Lump sums for wheelchair replacement
• Vehicle replacement every 5-7 years
• Future surgeries
• Education expenses

**Long-Term Security**
• Increasing payments to match inflation
• Guaranteed lifetime income
• Death benefits for family

**Life Care Plan Integration**
Your life care plan identifies future needs that the structured settlement should address.

Our catastrophic injury attorneys work with structured settlement brokers to design optimal payment schedules.

Frequently Asked Questions

Can I change my structured settlement after it starts?
Generally, structured settlements cannot be modified once established. However, you can sell future payments to settlement purchasing companies, though this is usually financially disadvantageous. Careful initial design is essential.
What happens to structured settlement payments when I die?
This depends on how your settlement is designed. Options include: payments stopping at death, guaranteed payments continuing to beneficiaries for a set term, or life contingent payments with a minimum guarantee. Discuss options with your attorney.
Are structured settlements safe?
Structured settlements are backed by highly-rated life insurance companies with long histories of meeting obligations. They are generally considered very safe investments, more secure than many investment alternatives.

Speak With a Serious Injury Lawyer Today

If you or a loved one has suffered a catastrophic injury, our experienced attorneys can help you understand your legal options and fight for maximum compensation.