What would happen to such a person who has approached the arbitrator or the court and hopes to get Structured Settlements made out to him to ease his financial burden? This is certainly a dicey situation with very little recourse available to the person, in case of a fraud by the insurance company. There are those who trust the reps of these insurance companies, believing fully that their interests will be taken care of. They are able to ascertain the facts much later than they should have, resulting in a situation that is certainly the most unenviable at that point of time.
Once the Structured Settlements are made available, the person concerned feels that he is vindicated and that he will continue to receive the payments as promised by the insurance or other financial firm. However, in many cases, the reverse is what happens after the first two or three installments have been paid. They begin defaulting on the payments. Here again, for the first one or two months, the person is totally unaware of the fact that the insurance company has done this with no intention whatsoever of being fair. On the other hand, the intention to defraud the client is now clearly visible.
What could further complicate the issue is that there could be other firms who come forward to sort out this Structured Settlements issue on your behalf. Little does a person realize that, here again there are birds of prey waiting to devour hapless creatures who are trying to clutch on to straws and get what is rightfully due to them. It is therefore a situation that requires a great deal of tact and street-smartness to be able to decipher the hidden agenda of these insurance companies. Failure to do so could result in a costly mistake that a person could not really recover from.
It would therefore be a good idea to study the Structured Settlements package before actually signing papers accepting the same. Once you have signed on the dotted line, it becomes quite difficult to actually negotiate with the firm, because, unwittingly you have signed for something without actually realizing that you have done so. It might sound and feel quite odd that you have fallen prey to these hawks; nevertheless, don’t lose heart, there’s always a way out of this
One significant advantage of a structured settlement is tax avoidance. With appropriate set-up, a structured settlement may significantly reduce the plaintiff's tax obligations as a result of the settlement, and may in some cases be tax-free.
A structured settlement can protect a plaintiff from having settlement funds dissipated, when they are necessary to pay for future care or needs. Sometimes a structured settlement can help protect a plaintiff from himself - some people simply aren't good with money, or can't say no to relatives who want to "share the wealth", and even a large settlement can be rapidly exhausted. Minors may benefit from a structured settlement as well, such as a settlement which provides for certain costs during their youth, an additional disbursement to pay for college or other educational expenses, and then one or more disbursements in adulthood. An injured person who has long-term special needs may benefit from having periodic lump sums with which to purchase medical equipment or modified vehicles.
In some situations, it will be better for a severely disabled plaintiff to set up a special needs trust, rather than entering into a lump sum or structured settlement. Any plaintiff who is receiving, or expects to receive, Medicaid or other public assistance, or the guardian or conservator entering into a settlement on behalf of a disabled ward, should consult with a disabilities financial planner about their situation before choosing any particular settlement option or structure.