The Advantages of Structured Settlements
The advantages of Structured Settlements are numerous and include:
For the claimant:
- Beneficiary of a custom designed needs-based plan based on specific determined needs.
- All payments tax-free
- Benefits fully guaranteed
- The risk of money mismanagement and/or early dissipation of funds are eliminated
- The worries/stress of investing a large cash lump sum are avoided
- A larger total payout over time is achieved than that available by any other means
- There are no fees or penalties subtracted from the settlement
- A lifetime income that you cannot outlive, is available
- In the event of an early death, a beneficiary for the remaining payments can be designated, assuring family financial security
For the defendant:
- Case is resolved within acceptable cost parameters
- The potential for an unpredictable, possibly catastrophic jury award is eliminated
- The time and expense of a trial and possible extensive appeals are eliminated
- A general release from any liability for future periodic payments is obtained
- The ability to receive a tax deduction immediately for the entire settlement cost
For the Plaintiff Attorney:
- The ability to structure the attorney fee on a tax-deferred, tax-favored basis
- Avoidance of risked-based investments in personal financial planning
- The advantage of structured payments at pre-determined future dates, designed to match up against future expenses.
- Avoidance of tax liability on large cash payment at time of settlement
- Favorable ruling in the Richard A. Child's v. Commissioner of Internal Revenue 103 T.C. No. 36 Docket no. 15639-92 (1)(2).
U.S. Court of Appeals affirmed that attorneys may structure their fees and that the taxes are due when the structured payments are received.