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Wednesday, August 17, 2011

Structured Settlement Funding

Structured settlement funding is the funding over a structured settlement, a settlement in which the reward is paid to the plaintiff over a course of time. The period of time will vary according to the merit of the settlement, often from two years to the remaining life time. Unlike pre settlement funding, structured settlement funding does not depend upon the assumed strength of the settlement, as the settlement value is already determined. More over, an annuity or government bond generally guarantees structured settlements.

With regard to the funding agency, structured settlement funding has many advantages over other modes of settlement funding in terms of managing larger amounts of cash, tax exemption, flexibility, and stability. It is also possible for the person selling his settlement to be taxed for the amount he receives through the sale, although he might have been tax free prior to transfer. It is better to consult a lawyer before signing a contract with a structured settlement funding company as he can provide the required legal assistance. A structured settlement funding company which buys a settlement does that only for profit and the profit comes from the payments that otherwise the holder of the policy would have received. Major disadvantages of structured settlement funding are the high commissions on the purchases by the companies and in equal payments; inflation causes reduction in real value of payments.

Structured settlement funding needs approval from a judge, because of a recently enacted federal law. Most of the structured settlement funding companies offer the entire court fee needed for the transfer process. Structured settlement funding of a settlement right depends on one's home state and the insurance company that provides the settlement annuity. About two third states have laws that restrict structured settlement funding and some insurance companies that give the annuities prevent the transfer of settlement rights to third parties.

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