What Is a Structured Settlement?
**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
**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
**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
**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
**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.