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The Origins of Structured
Settlements
Do you know the origin of structured settlements and the
history of how they came to be? These settlements have not
always been around and in the past when people won a settlement
such as an insurance claim or a personal injury lawsuit, they
were given a check for one big lump sum to do with as they
chose. There were many advantages to this of, course but there
were also many situations when these lump sum settlements would
lead to more problems or even become problems in
themselves.
Some people may face injuries that made them unable to work and
being dependant on the lump sum payment, they would have to
learn how to manage money when they may not have ever been
properly taught. Sometimes people would blow the money, invest
it poorly or even fall victim to scams leaving them with
nothing. Some similar cases would be when the person receiving
the judgment were under age and the money was needed to cover
their expenses of living, etc.
The law decided to rectify this by created structured
settlements that work out when and how much a person will get
paid for their settlement. They will typically be made in
installments on a monthly or yearly basis. In some cases,
larger sums will be given every 2 or 5 years. The exact details
of a structured settlement are negotiated between all the
parties involved to come up with a solution that works best for
everyone but with the plaintiff’s needs up-front and foremost
in the decision making.
In 1982, Congress passed The Periodic Payment Settlement Act of
1982 (Public Law 97-473), which legally recognized structured
settlement cases in physical injury cases. They also encouraged
people to use these structured settlements by granting them
tax-free status. For many people, this is the best way to go,
especially in the case of minors or people who will be
depending on the settlement as a means of income. They are now
a common and acceptable way of awarding compensation in these
types of settlements.
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