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AFC Structured Settlements Frequently Asked Questions
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What is a Structured Settlement? |
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Structured settlements are structured cash payments through an annuity system that is established to compensate injury victims for their losses.Structured settlements are the other alternative payment system to a lump sum cash settlement and are set up to provide payments to you over time. Structured settlements received special legislative treatment by the U.S. Congress in 1982, as a way to make large settlements more agreeable to the payor, who does not need to come up with a large lump sum, yet still provide certain protection to victims. |
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When are Structured Settlements Used? |
Structured settlements are designed for many other types of cases though including:
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- Severe injury where there is long-term treatment requirements, where future medical costs will necessarily be incurred, and to meet living and family expenses.
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- Worker’s compensation cases where the injured party may not be able to work or at least work to the earning capacity that they would otherwise have enjoyed.
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- Permanent or temporary disabilities that will take extensive recovery time
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- Wrongful death cases where a surviving family will need a regular income to replace that of the lost spouse/parent
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- Guardianship cases where there are minor children or another person who is judged to be incompetent such as a person with psychological, emotional, or mental handicaps
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Touted Benefits of a Structured Settlement. |
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Structured settlements provide a cash flow that is completely tax liability free. bullet There is added security in receiving smaller amounts of cash over time. Many seniors are the target of greedy people and a large pot of available cash can make them an even more attractive target to conmen, and subject them to permanent loss of assets if they are grossly mismanaged by a trustee.
Recipient doesn’t have to worry about investment strategies or not adequately planning for the future. Those who do not receive structured settlements must concern themselves with making sure that they do not overspend from an account that looks like it should last forever, and subject the entire award to financial risk.
Structured Settlements are often arrived at without the risk and time loss of going to court. For many reasons, defendants who believe they could have liability will make an offer of a structured settlement to minimize their costs. Few people relish the idea of going to court including defendants because while there is the potential for coming out ahead, there is also the potential for coming out much farther behind than a negotiated structured settlement would give them. In most cases, settling a case with structured settlements can minimize the risk to both sides. In most cases where the structured settlement is made out of court, attorney fees will be much cheaper than if litigation is required. If your attorney does not need to go to court, you can see their fees be reduced by as much as 8% of the total settlement. On a one million dollar settlement, that means about $80,000 more for you. |
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Structured Settlement Payments. |
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When a structured settlement agreement is reached on the benefits to be included, the defendant will agree to fund a stream of cash to the victim. The structured settlement payment obligation is then legally assigned to an independent third party that has experience in this area, usually a life insurance company. In theory, the victim is protected from further legal complications or financial hardship of the defendant. The structured settlement is generally set up as some sort of an annuity that makes payments according to the prescribed and agreed upon schedule. |
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Can I Use My Structured Settlement as Loan Collateral? |
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Generally, the answer is no. The laws regarding structural settlement are designed to protect you from abuse, and the ability to use the structured settlement as collateral would void that intended purpose. The payments however, can be claimed as a form of income so that if you want to buy a house, the payments represent the same financial ability that a take home paycheck of the same amount would provide. |
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Once in place, can structured settlements be traded back for a lump sum settlement? |
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No. You are given special tax treatment with regard to structured settlements' proceeds, and you cannot then take that in a lump sum fashion and invest it again. |
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Do I Get Interest on My Structured Settlement? |
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No. The interest is a part of your structured settlement agreement and is therefore, tax-free. You do not then get interest on top of that. This however, is not to say that if you get your regular structured settlement payment and don’t spend all of it, that you cannot invest that remainder into another account and draw interest from that. That interest however, would be taxable. |
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Can The Attorney Loan His Client Money They Need? |
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The Attorney is in a sense loaning or advancing the Client money just by working on a contingency basis, which is, if the Suit fails, the Attorney is out the value of his time and effort. However with the exception to Louisiana Law, it is both illegal and unethical in all other states for an Attorney to Advance funds to a client. It would generally be a violation of the State Bar Rules of Professional Conduct. |
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Do We Know A Case Will Settle Favorably? |
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As with most things in life, no one can say with certainty how a case will settle or for how much. This is the risk we assume. However, we have the use of an innovative and proprietary system that has been used for evaluating hundreds of cases, assessing case details, risks and managing the underwriting procedures. |
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Is Pre-Settlement Funding different from the Sale of an Annuity or Structured Settlement? |
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Annuities or Structured Settlements are previously agreed upon financial instruments or Policies usually purchased by the losing side in a law suit, so they are existing and are to be paid over a period of several years. Many times the payment schedule may consist of both monthly and or annual payments for example; a $1,000,000 Annuity or Structured Settlement could be paid out at the rate of $1,000 per month with lump sum payments every 5 years, paid over a period of thirty years. Pre-Settlement Funding differs from Annuities and Structured Settlement Funding in that the settlement has not yet been agreed upon or in the case of litigation has not been settled or gone to trial. It is for this reason that Pre-Settlement Funding is so much more speculative since not award has been made. |
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Is Pre-Settlement Funding or Lawsuit Financing a Loan? |
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Pre-Settlement Funding or Lawsuit Financing is definitely not a loan the advance is non recourse, meaning the repayment is not guaranteed or "period-certain". Settling a personal injury case requires an undetermined period of time. No payments are required and if the case fails to be resolved (as a result of the litigation), the plaintiff has no obligation for repayment. As a Litigation Funder we accept this risk right along with the Attorney who has taken the case on a contingency basis, no settlement no payment. |
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How much can the Plaintiff be advanced? |
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Obviously each transaction is different and will depend on the information supplied by the Plaintiff’s Attorney, but generally it typically will be in the $1,000 to $5,000 range, however, it won’t be unusual for requests and findings to be higher. Our success in recouping our investment will lie in our ability to analyze the cases, evaluate risk and translate these factors to an offer or refusal of capital. Keep in mind that many requests are fundable at some level…we always seek to figure out how to say "yes"! |
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Does the Client’s Attorney have to cooperate? |
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The most important consideration of the Funder is having the full and complete cooperation of the Attorney without that their can be no funding. |
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Are minors able to sell your structured settlements payments? |
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Settlement Quotes does not offer quotes to annuitants who are minor children because those persons do not have legal capacity to sell their payments without the intervention of a litigation or personal property guardian. |
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What is Pre-Settlement Funding or Lawsuit Financing? |
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Pre-Settlement Funding is the advancing of money to personal injury plaintiffs with critical financial needs. These needs often are result of the “game” played by the insurance carriers during the settlement or litigation process. For the injured victim, it may take several months to be released from therapy or their doctor’s care. During this period of time, the plaintiff’s may not have financial resources necessary for everyday living or all of their funds are depleted. Not having reserves to fall back on, and with banks and other traditional capital sources unwilling to help, plaintiffs find themselves under extreme duress and to accept an unreasonable or unfair offer of settlement from the insurance company. Pre-Settlement Funding or Lawsuit Financing helps to solve this dilemma by filling a need previously not addressed by the conventional sources such as the banking industry. By stepping in, when no one else will, plaintiffs can now afford the “insurance waiting game” thus providing their attorney with the necessary breathing room to arrange a fair and equitable settlement usually more benefiting to the injured party. |
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What Is the Nature of Lawsuit Financing? |
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While many people think of lawsuit financing as a "lawsuit loan", such funding is not ordinarily in the form of a loan. Instead, it is characterized as an advance, investment, or venture capital. The purpose of that characterization is to avoid state laws against charging excessive interest. While such an advance will be non-recourse in nature, meaning that the lawsuit financing company can only recover from the plaintiff's share of any settlement or verdict, and the finance company risks a loss if the ultimate verdict is in favor of the defendant, or if a verdict or settlement is too small to replay the advance, the high cost of non-recourse lawsuit financing must be considered when evaluating your funding options. |
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Who should use our service? |
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Our typical clients are personal injury, product liability, and medical malpractice cases. Generally speaking, anyone who is pursuing a qualified lawsuit and is in need of emergency cash assistance. |
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