Two Ways To Pay For
Personal Injury Settlements
Structured settlements can be described as a type of insurance or financial agreement that includes periodic
payments and can either be an applicant accepting the agreement to resolve a personal injury claim or to compromise
a legal payment obligation. They were first utilized in the United States and Canada in
the 1970’s in order to find a substitute to one time payment settlements. They are now part of the legal system in
a number of different countries, each with their own set of laws and standards for the settlements. These types of
claims are also known personal injury settlements. Although it may seem
like a difficult process, the legal structure for these settlements is actually quite simple and easily
resolved.
It starts by a plaintiff, the injured
individual, filing a personal injury lawsuit regarding an accident against a defendant, usually an insurance
company. An agreement is reached by both parties when the plaintiff decides that the lawsuit is secured and the
case is dismissed. In exchange for the agreed dismissal, the defendant gives approval to pay the injured
individual a defined set of payments over a certain amount of time as a way of compensation. In order to pay the
funds, the insurance company usually has two options; each being decided on the type of personal injury
settlements that are involved in the case.
In an unassigned case, the insurance
company can purchase what is called an annuity from a certain life insurance company who will take control over
all of the periodic payments. While the company owns the annuity, all of the funds taken from it are paid
directly to the injured individual. This gives approval for the company that issued the annuity to send payments
to the individual, while the owning insurance company receives nothing.
If insurance companies do not want to
retain the obligations of payments on their books, they turn to an assigned case. With this type of case, they
can hand over the payment information to a third party who will purchase a qualified funding asset to finance
the process. This is done by the insurance company in question paying a set amount to the third party in order
for them to buy an annuity to fund the payments. If agreed to by the plaintiff, the defending insurance company
will have no more involvement in the case and all proceedings will be handed over to the third
party.
Personal injury
settlements are never easy to go through for either side involved. However, if either of these options is
carried out properly, the case can go very smoothly and everything can be taken care of in a timely manner.
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