26/09/2011

Lump Sum Payout Versus Structured Settlements

Customers have three options for payment when the claim or lawsuit is settled: 1) a lump sum payment in cash, 2) periodic payments from an annuity structured settlement, or 3) a combination of cash payments and structured.

In past years, always involved lump sum settlements injury. While the payment is exempt from tax, the money earned by the settlement was taxable unless invested in tax-free municipal bonds.

Customers choose cash settlements to assume the risks associated with investments in stable and unstable economic situation. Customers require a lifetime of care and support usually do not have the luxury of being able to withstand ups and downs of the market, and fluctuating incomes, especially when unexpected emergency situations are part of life. CEO of a lump sum of any past life is also a concern.

You can reduce the risks of lump sum payments, the Internal Revenue Service allows the defendants to purchase insurance annuities to fund the settlements, all the injured received a tax free pensions.

Using the annuity, the injured party will receive a guaranteed tax-free benefits, or insurance company life + rating. Customers can choose to receive 100 percent of the funds through a structured settlement annuity, or a combination of an annuity with a cash component, or immediately in emergency situations.

Establishment of safeguards

The security of a structured settlement annuity, of course, depends on the financial stability of insurance company responsible for paying the benefits. Therefore, only highly rated insurance companies are used.

Solvency standards and state and federal regulations, protect the insured annuities in a number of ways. Controllers use conservative accounting and investment holding insurers to invest heavily in risky investments. The investments are usually high quality investments in fixed income securities of high quality. Structured settlement annuities to enjoy competitive returns compared with other conservative investments, in addition to their tax exemption.

In California, the companies providing structured settlements must be approved by the California Department of Insurance. The Department evaluates the creditworthiness of the insurer and the carrier complies with the California regulations. Carriers are also subject to mandatory annual audits and other financial compliance requirements.

By regulation, all provisions for annuities with assets equal or exceed the corresponding payment obligations. In addition, the assets supporting these reserves can not be removed from the life insurance company. Adequacy of reserves is required and is often controlled by state legislators and auditors. State insurance commissioners have developed these rules to protect the solvency of the general accounts in which assets are held so that contractual obligations to policyholders are satisfied. These general accounts support only the obligations of insurance companies - no obligations of parents or other subsidiaries.

In other words, parents are prevented from looting the capital of its profitable and well capitalized insurance company subsidiaries.

With structured settlements, personal injury clients the peace of mind that the underlying asset that allows them to receive compensation for their injuries are safe. Lawyers can confidently assure customers that these assets continue to produce consistent returns to meet immediate needs and long term

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