Friday, October 28, 2005

Take A Structured Settlement Or One-Time Lump Sum Payment?

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.

Thursday, October 27, 2005

"No Win...No Pay...No Risk" Attorney Loans Provide Law Firms Nationwide Innovative Financial Options

Law firms work long and hard to achieve financial success. Today however a team of professional financial consultants have developed innovative tools to assist law firms achieve even greater financial success via a unique program called "No Win...No Pay...No Risk" Attorney Lawsuit Loans.

With "No Win...No Pay...No Risk" Lawsuit Loans cases are leveraged TODAY that deliver capital as the program unleashes potential future earnings sitting dead in a firms case files. "No Risk" lawsuit loans are secured only by the case themselves as there's no reimbursement obligation a firm assumes if the case in unsuccessfully litigated. With "No Risk" Attorney Loans, the investors not the firm absorbs 100% of the risk on every case leveraged, period doing such without involvement in the way a firm handles case management.

"It's really a venture capital investment in a firm's portfolio explained the founder of 1st Choice Funding, Kari E. Gray when recently interviewed about her companies ingenious approach to capital expansion. Ms. Gray continues, "no entity can run on cash flow deficiencies, and until now, a law firms potential earnings were not considered a liquid asset by lenders and could not be leveraged. However "No Risk" attorney loans provide a firm with its future earnings now vs. months and or even years from now when a case may settle. Accessing future earnings can make the difference in the way a firm is able to grow and expand and increase its future earnings capabilities compared to the current methods used by traditional practices."

The "No Risk" Attorney Lawsuit Loan approach complies with Bar regulations as successfully leveraged cases may pass on to the client, at the time of settlement, the expenses incurred for the loan in addition to contingent fees as apart of the cost to litigate. Thus the bottom line is: win or loose a case, a firm always wins with "No Risk" Lawsuit Loans because "No Risk" Attorney Loans provide "Risk Free" capital without monthly payments, and this feature keeps a firms cash flow uncompromised. "No Risk" capital provides an effective financial solution to the cash flow inconsistencies practices of all sizes must contend with.

1st Choice Funding's investment portfolio group has collectively unlimited resources for funding as the company offers the following types of financial solutions;

1. Non Recourse Pre Settlement Funding
2. Non Recourse Post Settlement Funding
3. Full Recourse Pre Settlement Funding
4. Full Recourse Post Settlement Funding
5. Business Loans
6. Mortgage Loans
7. Credit Repair
8. Life Settlements & More (Please visit 1stchoicefunding.com/professionalindex.html).

Each firm has differing financial needs, but 1st Choice Funding's objective is to provide the lowest cost investment capital to law firms across the U.S. by this innovative approach. The "No Risk" program also affords plaintiffs with Non Recourse Pre Settlement & Non Recourse Post Settlement Funding as well. (Please visit 1stchoicefunding.com)

Under the "No Risk" program investors do not ask for statements of personal net worth, indebtedness, or lists of assets as "No Risk" Attorney Funding is secured by the practice's receivables, not its Partners' assets. After receiving the application and documents, an outline including funding amount, rate, duration, fees, and other important elements are determined based on risk. Upon funding a contract is provided for signature and a lien is then placed on the case as funds are wired to the Law Practice's account minus setup fees.

"No Risk" Attorney Lawsuit Case Types Include:

Passenger Injuries
Pedestrian Injury
Personal Injury
General Negligence
Civil Rights
Employment Discrimination Whistleblower (Qui Tam)
Product Liability
Construction Negligence
Class Action Mass Tort
Zyprexa
Asbestos
Pharmaceutical Litigation
Airplane Accidents
Appeals
Commercial Torts
Assaults
Fen-Phen
Commercial Appellate Settlements
Sexual Harassment
Boating Accidents
Tobacco/Smoking
Burn Injuries
Worker's Compensation
Construction Accidents
Dog Bites
Maritime/Seaman's Claims
Medical Malpractice
Motorcycle & Bicycle Accidents
Nursing Home Neglect
Premises Liability
Product Liability
Railroad Claims (FELA)
Wrongful Death
Judgments
Structured Settlement
Tractor Trailer Accident
Slip & Fall
Settled Cases
Sulzer Hip
Jones Act
Discrimination Cases
Baycol
Toxic Mold
Wrongful Termination
Commercial Cases
Probate Cases
Select Divorce Cases
Select Canadian Cases

Wednesday, October 26, 2005

Take A Structured Settlement Or One-Time Lump Sum Payment?

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.

Saturday, October 22, 2005

5 Mistakes People Make When Selling Structured Settlements

5 Mistakes People Make When Selling Structured Settlements
structured settlements, lottery winnings, annuities

Mistake One: Agreeing to sell to the highest bidder.
Unfortunately, some brokers or structured settlement/annuity sources will make a high offer just to get someone under contract. Then they will start making excuses and reduce the offer. Once you are under contract with a funding source, it is very difficult to back out. Even if you are able to pull out, you will have to start the whole process over again losing valuable time.

Mistake Two: Believing the funding source when they say they can close very quickly.
The time to close is mostly dictated by individual state laws, both the state the insurance company has their home office and the state where the client resides. In some states, it is possible to close in about a month. In other states, it can take as long as four months. With the rest, it is somewhere in between. Don't believe it if someone says they can close in a week or two.

Mistake Three: Not determining how much you really need and thinking you must sell the entire remainder of the structured settlement or annuity.
Why sell a $200,000 settlement when you only need $30,000? If you need additional cash sometime in the future you will be able to sell more payments or lump sums at that time. By doing it this way, you will receive more cash over time than if you sell all payments at once; and it allows you options.

Mistake Four: Letting emotions or being desperate control our decisions.
We have all gotten excited or felt desperate when faced with various situations. We could be excited about buying a home or starting a new career; or we could be feeling desperate because we are about to lose our home or are facing high medical expenses. Even though we are excited or desperate, we really must think through our decision. Some brokers or funding sources will try to take advantage of us and our situation. We should discuss our situation with a trusted family member, friend, attorney, pastor or whomever. We do not want to ruin tomorrow's financial options by making irrational decisions today.

Mistake Five: Not doing your due diligence on the structured settlement/annuity purchaser.
Call the attorney general in your residence state and the state where your funding source is located to see if there are any complaints about that funding source. If there are a lot of complaints against the source you are considering, take that as a red flag and move onto the next source. Your due diligence should be completed before agreeing to anything or signing any agreements.

Monday, October 17, 2005

Structured Settlements 101: How Structured Settlements Work

You have probably heard the term "Structured Settlement" on a television or print ad and wondered what it meant. After all, the term is not a part of our everyday lexicon.

A structured settlement is a contract under which an insurance company undertakes to make periodic payments to an injured party as part of a bodily injury claim settlement or to a surviving family member to whom a large settlement has been awarded. These are just two examples of where a structured settlement might be used. Structured settlements have become popular because they offer substantial benefits to all parties involved in the settlement agreement.

A brief review of the dictionary reveals the following definition: a structured settlement is simply a financial package that permits a settlement to be paid in regular payment installments for either a set period of time or over a lifetime. In short, a structured settlement is a package that is tailor made for the individual or payee by the payer or an interested third-party. Some structures include immediate payment to cover any special damages that may have occurred or will occur.

The system of structured settlements was first introduced in Canada in the early 1970's and spread into the United States very quickly. Within a few years, the idea had found its way to many countries including Australia and most member states of the European Union.

Benefits of a Structured Settlement
A structured settlement annuity provides a payment stream that is tax-free over a determined period of time. Most investment options such as stocks and bonds, real estate, savings accounts, and similar vehicles simply cannot match the flexibility and security of a Structured Settlement Annuity.

Another benefit of a structured settlement annuity is that it can be designed so that payments are made over an extended period of time, even throughout the life of the payee. In the event of the recipient's death, a guaranteed portion of the settlement may be paid to the person's estate or to a named beneficiary. Structured Settlements have become quite common and offer the additional security of regulation by both Federal and State statutes. There are also provisions in IRS and Medicare/Medicaid guidelines which take them into account.

Alternatives to Structured Settlements

It's quite easy to see that a structured settlement can work to the advantage of all parties in a variety of circumstances. However, there are occasions when the beneficiary of a structured settlement would prefer not to have periodic payments, preferring instead a lump sum payment. Such might be the case where an individual would like an amount of money to purchase a home, perhaps to cover large medical bills or to pay off a mortgage. This option has also proved especially popular with lottery winners. There are a number of insurance companies and others that provide this service for a fee. In such instances the insurance company or another interested third-party makes the lump sum payment with a charge for expenses and interest deducted. It is important to consider these fees and read the fine print carefully to be sure that you are not signing away the bulk of your payment. How do the alternatives work?
The settlement contract is sold to a financial institution which then accepts the periodic payments from the payer and gives the beneficiary a lump sum. Commonly, the financial institution involved will be another major insurance company. The insurance company charges a handling fee which will usually be calculated to take into account adjustments for interest charges and handling costs. Again, if you are considering taking this option you must bear in mind that the company buying the payments for a cash sum is in business to make money. The amount of the one-off payment will certainly be considerably less than the gross amount that would have been received over the original extended period. Unless the amount of the lump sum is very substantial and the recipient can be sure of consistent investment income, it's almost certainly going to be better to stick with the original arrangements. An exception might be where the recipient is a younger person in good health with a substantial expectation of gainful employment for the long term.

Again, as with any contracts be sure to read and understand the terms of the agreement you are making. Make a list of questions and ask until you understand. It is also a good idea to cast a wide net when looking for an alternative to structured settlements as fees and services; and thus your bottom line can vary greatly.