Structured Settlements

What if you were injured?

The things you should know.

A structured settlement is a financial or insurance arrangement, including periodic payments, that a claimant with a personal injury tort claim accepts to resolve or to compromise a statutory periodic payment obligation. Structured settlements were first utilized in the United States during the 1970s as an alternative to lump sum settlements. Structured settlements are now part of the statutory tort law of several common law countries including but not limited to Australia, Canada, England and the United States. Although some uniformity exists, each of these countries has its own definitions, laws and standards for structured settlement.

Structured settlements may include income tax and spend thrift requirements as well as benefits. Structured settlement payments are sometimes called periodic payments. A structured settlement incorporated into a trial judgment is called a periodic payment judgment. Federal structured settlement laws include sections of the Federal Internal Revenue Code. State structured settlement laws include structured settlement protection statutes and periodic payment of judgment statutes. Medicaid and Medicare laws and regulations impact structured settlements. To preserve a claimant’s Medicare and Medicaid benefits, structured settlement payments may be incorporated into Special Needs Trusts and the Medicare Set Aside Arrangements.

For Federal income taxation purposes, the United States definition of structured settlement is found in Internal Revenue Code Section 5891(c)

1. is an arrangement that meets the following requirements:
   A suit or agreement for periodic payment of damages excluded from gross income under Internal Revenue Code Section 104(a)


2. An agreement for the periodic payment of compensation under any workers’ compensation law excluded under Internal Revenue Code Section 104(a)

1. The periodic payments must be of the character described in sub paragraphs (A) and (B) of Internal Revenue Code Section 130(c)


2. must be payable by a person who: Is a party to the suit or agreement or to a workers' compensation claim; or By a person who has assumed the liability for such periodic payments under a Qualified Assignment in accordance with Internal Revenue Code Section 130.
   

Now O. K. before you say I'm losing you with all the legal reference's let me get to the basis and importance of this hub. Now if we take a minute and forget the commercials we hear and see and go off on our branding of Lawyers and so on. I want to offer you a little different perspective on this. If we could look back in time and some of us can a little through grandparents or even maybe great grandparents. Think of how many times you've seen some elderly man missing some fingers or walking with a limp or missing a limb or half a limb. And probably if we asked most of them would tell us of the accident at work or while driving or helping a neighbor build or fix something. And also most of them probably suffered through the rest of their lives having to adjust to the things they could and could not do the same. Also most would probably tell you they never got any assistance financial or otherwise for the loss.

And that's why this issue and law is important, ever try living on a fixed income? Now imagine being young and getting injured and not being able to pursue your career and I don't think Walmart pays allot being a door greeter. So this really comes down to more than just suing the pants off somebody this could simply be a matter of making right and providing that which was lost. And losing one's lively hood can be devastating for the person, their spouse, children and everything around them. Hopefully this will never happen to any of us but when it does what do you do?

Well the obvious and only advice is get Legal representation because for most of us this is way over our ability to know exactly what we would need or deserve to provide a suitable living in a injured condition. Because there are just allot of things we would miss or not think about and sometimes we may not fully understand what certain injuries will do to our future. So if you have suffered an injury at work at someones home at someones place of business no matter how minor you may think it to be get proper advice from a Lawyer who specializes in this field before you dismiss it. You may seem fine now or it may just seem like a small injury but if you don't pursue it and it becomes a problem later oh well. So get what is right the first time.

I really would like to hear from you let me know what you have gone through if you've suffered an accident and please add any advice you might have.