Posts Tagged ‘Settlement’

Structured Settlement Or Lump Sum?

Saturday, June 5th, 2010

If you are involved with a legal decision, financial claim or insurance arrangement, the financing process to settle and resolve the claim can often take two forms. Either a one-time lump sum payment, or a long-term periodic series of deferred structured settlement payments. But which is best for your situation?

A structured settlement involves a financial or insurance arrangement which includes a periodic stream of payments, that a claimant or plaintiff accepts in order to resolve a personal injury claim or other legal case. They were first utilized in Canada and the United States during the 1970s as an alternative to lump sum payments and are now part of the statutory tort law of several common law countries.

A structured settlement is a deferred payment method for compensating injury victims, and is a voluntary agreement between the injury victim ( plaintiff ) and the defendant. The plaintiff will receive the monetary payout over the course of a number of years through this deferred payment agreement. Under a structured settlement, an injury victim does not receive compensation for their injuries in one lump sum, but rather, they will receive a stream of tax free payments designed to meet future expenses and living needs. This type of compensation method is becoming more popular in a wide variety of legal cases.

The benefits of a structured settlement over a lump-sum payment include the security of a guaranteed long-term income with deferred payments that are exempt from income taxes. The federal government encourages the use of structured settlements in personal injury cases. Structured settlements also attract support from plaintiff attorneys, state attorneys general, legislators, consumer and disability advocates.

Structured settlements can be ideally suited for cases with:

• Persons with disabilities
• Guardianship cases that may involve minors
• Workers compensation cases
• Wrongful death cases
• Severe injury case

Want to Sell Your Structured Settlement?
Not everyone benefits from a long-term payment situation and some may want or need a lump sum instead. The owner of a structured settlement, such as lottery winners, medical, insurance, accident and lawsuit settlement owners, can often sell their rights to the deferred payment stream, in exchange for a one time lump sum payment from a variety of financial institutions. All situations are different, and as with any financial or legal issue, you should always consult your accountant and attorney.

Does the Government Advocate Debt Settlement?

Monday, March 1st, 2010

Some people wonder whether debt settlement is a safe or wise course of action. For those who look to the government provide advice on how to get back on their feet, the question is simple: does the government advocate debt settlement. The answer is equally simple: a resounding yes. Since the worldwide economic crisis has been increasing in severity, the government has created programs to help people get fair and helpful debt settlements. In fact, the FDIC regulates bank debt settlement to prevent unfair and deceptive practices from harming consumers who need to get out of debt.

The Economic Crisis Necessitates Debt Settlement

The fact is people are having a harder and harder time making ends meet these days. Many people are finding it necessary to seek outside help in dealing with crushing debt problems. Wages are going down, layoffs are becoming more common, and it seems that everything is becoming more expensive. Sometimes there’s no way out of the situation other than bankruptcy or debt settlement. While the law does allow you to file bankruptcy, the government does not advocate it because it damages the economy by forcing all involved parties to take a greater loss than they might otherwise have to. With debt settlement, the amount of that loss can be mitigated. You get to keep your assets and your creditors take a smaller loss on their investments.

Government Programs Help With Debt Settlement

The FDIC has programs that help certain consumers negotiate mortgage loan modifications. A mortgage loan modification is a type of debt settlement which is applied to home mortgage loans. Like other forms of debt settlement, this involves and agreement with the creditor to lower the total amount of money owed and accept less instead of nothing. These government programs are helpful to many, but may not be available to everyone because of their narrow qualification guidelines. In addition, debt settlement does not always have to involve a mortgage loan. There are many types of debts that can be addressed with a debt settlement program, from credit card debt to business loans.

Applying the FDIC’s Strategy to Your Situation

The federal government has advised banks and other lending organizations to consider debt settlement as a favorable alternative to increasingly harsh collection action. Though you may not qualify for government help in this area, it could still be a good idea to get help from another company or entity. There are many organizations in existence that can offer assistance in negotiating a debt settlement agreement between you and your creditors. If you think you may benefit from such action, research the programs available to people in your area and contact a debt settlement professional today to determine what your best options for debt relief are. If debt settlement is recommended, make sure you are dealing with a reputable and accredited organization before proceeding. If you act cautiously and do your homework, debt settlement can help save you from years of crushing financial burdens you can’t possibly meet.