Structured settlements are a financial arrangement often awarded in lawsuits, particularly personal injury cases. Instead of receiving a lump sum payment, the recipient gets guaranteed periodic payments over a set time frame. While these payments offer financial security, there may be situations where you’d prefer a lump sum of cash. This article explores structured settlements, the process of selling them, and important considerations to make before doing so.
What are Structured Settlements?
A structured settlement is an agreement between a plaintiff (injured party) in a lawsuit and the defendant (responsible party) or their insurance company. Instead of a single large payment, the settlement is divided into installments paid out over time. This can be for a set period or be contingent on the recipient’s life expectancy. Structured settlements are designed to provide financial security for the recipient, ensuring they have a steady stream of income to cover medical expenses, lost wages, or other needs.
There are several advantages to structured settlements:
- Guaranteed Income: Recipients receive regular payments, regardless of the defendant’s financial situation.
- Tax Benefits: A portion of the payments may be tax-free, depending on the specific settlement terms.
- Financial Security: The structured payout helps ensure the recipient has access to funds over a longer period.
However, there can also be drawbacks:
- Limited Access to Cash: Recipients cannot access the full amount of the settlement immediately.
- Loss of Investment Potential: The structured payout may not keep pace with inflation or offer the same growth potential as invested funds.
- Change in Circumstances: Life events may necessitate a larger sum of money than the structured payments provide.
Selling Your Structured Settlement Payments
If you have a structured settlement and need a lump sum of cash, you may be able to sell your payment rights to a structured settlement factoring company. These companies specialize in purchasing future payments from structured settlements in exchange for an immediate cash advance.
Here’s a general overview of the process:
- Contacting a factoring company: Research reputable companies and get quotes on your specific settlement.
- Evaluation: The company will assess your settlement details and calculate an offer amount.
- Negotiation: You can negotiate the offer amount within reason.
- Court Approval: In most cases, selling your structured settlement requires court approval to ensure the transaction is fair and in your best interest.
- Payout: Once approved, the factoring company pays you a lump sum, and they receive your future settlement payments.
Important Considerations Before Selling
Selling your structured settlement is a significant financial decision. Here are some crucial factors to weigh before proceeding:
- Discount Rate: Factoring companies charge a fee for purchasing your payments. This fee is often represented as a percentage of the total settlement value. Understand the discount rate and how it affects the amount of cash you receive.
- Tax Implications: Consult a tax advisor to understand the potential tax consequences of selling your settlement.
- Alternatives: Explore other options for accessing cash, such as loans or lines of credit, before selling your structured settlement.
- Long-Term Security: Selling your settlement gives up the guaranteed income stream. Consider if you have a long-term need for the structured payments.
Finding Reputable Structured Settlement Buyers
When considering selling your structured settlement, it’s vital to work with a reputable and licensed company. Here are some tips for finding a trustworthy buyer:
- Research and Compare: Get quotes from multiple companies and compare their offers and discount rates.
- Check Licensing and Accreditation: Ensure the company is licensed in your state and holds any relevant accreditations.
- Read Reviews and Testimonials: Look for online reviews and ask the company for client testimonials.
- Beware of Upfront Fees: Legitimate companies don’t charge upfront fees for quotes or consultations.
- Understand the Contract: Before signing any agreements, thoroughly review the contract terms and conditions with a lawyer if necessary.
Selling a structured settlement can be a complex financial decision. By carefully considering the pros and cons, thoroughly researching your options, and working with a reputable company, you can ensure you make an informed choice that best suits your financial needs.
