Structured Settlement Funding: How It Works and What to Know

A Structured Settlement is a financial arrangement in which compensation from a legal claim is paid over time instead of being provided entirely as one lump sum. Structured settlements are commonly associated with personal injury and other legal claims where a recipient receives scheduled payments according to an agreed arrangement.

Structured Settlement Funding: How It Works and What to Know

For someone receiving future payments, having a Structured Settlement can provide predictable income. However, circumstances can change. An unexpected medical expense, household bill, debt, or other financial need may create a situation where accessing money sooner becomes important.

Structured Settlement Funding refers to financial arrangements that may allow a recipient to receive an amount of money in exchange for some future structured settlement payments. The specific terms, costs, eligibility requirements, and legal considerations can vary considerably.

Before entering into any funding arrangement, it is important to understand how the transaction works and consider whether it fits your financial circumstances.

What Is a Structured Settlement?

A Structured Settlement generally involves scheduled payments made over a defined period. Instead of receiving the entire settlement immediately, the recipient receives payments according to the settlement terms.

For example, a person might receive:

  • Monthly payments for a specified period
  • Annual payments
  • A combination of regular and scheduled lump-sum payments
  • Payments that continue for a particular number of years

The structure is typically established as part of the resolution of a legal claim.

Why Consider Structured Settlement Funding?

Life does not always follow the timeline of scheduled payments. A recipient may face an immediate financial obligation while the next payment is still weeks, months, or years away.

Depending on the circumstances, Structured Settlement Funding may provide an option to access some value from future payments earlier. However, receiving money today generally means giving up some future payment rights, so the financial trade-off should be carefully considered.

How Structured Settlement Funding Works

The process can vary depending on the provider and the settlement arrangement. Generally, the recipient begins by providing information about the existing Structured Settlement and the payments they receive.

The funding company may then review the payment schedule and other relevant information before determining whether the transaction can proceed.

The Typical Process

  1. Provide settlement information
    The recipient provides details about the structured settlement and future payment schedule.
  2. Review the proposed transaction
    The provider evaluates the future payments and determines the amount that may potentially be available.
  3. Review the terms
    The recipient receives information about the proposed transaction, including the amount they may receive and the future payments involved.
  4. Consider professional advice
    Because structured settlement transactions can have legal and financial implications, discussing the proposal with an attorney or qualified financial professional can be useful.
  5. Complete the required process
    If the transaction is approved and all applicable requirements are satisfied, the agreement proceeds according to its terms.

What Should You Consider Before Funding?

Structured Settlement Funding should not be viewed simply as getting an early payment. It involves exchanging some future financial benefits for money available sooner.

Before making a decision, consider:

  • The total amount of future payments being transferred
  • The amount you would receive now
  • Fees or other transaction costs
  • The effect on your future income
  • Your immediate financial need
  • Potential tax considerations
  • Whether court approval or other legal requirements apply

A qualified professional can help explain issues specific to your circumstances.

Structured Settlement Funding vs. Slip and Fall Accident Loans

It is important not to confuse Structured Settlement Funding with Slip and Fall accident loans. Although both may involve people connected to legal claims, they address different financial situations.

A Structured Settlement generally involves an existing settlement with scheduled future payments. Structured settlement funding may involve transferring rights to some of those future payments in exchange for an amount received sooner.

Slip and Fall accident loans, by contrast, generally refer to pre-settlement funding associated with a pending personal injury claim. The claimant may seek funding while the case is still unresolved.

Key Differences

Structured Settlement FundingSlip and Fall Accident Loans
Usually relates to an existing structured settlementGenerally relates to a pending injury claim
Future settlement payments may be involvedSettlement has typically not yet been reached
Focuses on accessing future payment valueFocuses on financial support during litigation
Terms depend on the settlement and transactionTerms depend on the claim and funding arrangement

The terminology used by funding companies can differ, so applicants should carefully read the agreement rather than relying solely on the product name.

When Might Someone Explore These Options?

Financial needs can arise unexpectedly. Someone receiving a Structured Settlement may need money for a major expense that cannot reasonably wait for future scheduled payments.

Similarly, someone pursuing a personal injury claim after a slip-and-fall incident may experience financial pressure before receiving a settlement.

Potential situations might include:

  • Unexpected medical or rehabilitation expenses
  • Housing costs
  • Essential household expenses
  • Transportation needs
  • Existing financial obligations
  • A significant emergency expense

The fact that someone has a financial need does not necessarily mean funding is appropriate. The costs and long-term consequences should be evaluated carefully.

Important Questions to Ask Before Signing

Before entering into Structured Settlement Funding, take time to understand the complete transaction.

Ask:

  1. How much money will I receive?
  2. What future payments are being transferred?
  3. What fees or costs apply?
  4. What will I give up in the future?
  5. Are there legal or court-approval requirements?
  6. Could the transaction affect my taxes or benefits?
  7. What happens if my financial circumstances change?

Getting clear answers can help you make an informed decision.

Conclusion

Structured Settlement Funding can be relevant for people who have future structured settlement payments but are considering whether to access some of that value earlier. The decision involves an important trade-off between receiving money sooner and giving up some future payments.

It is also important to distinguish a Structured Settlement from Slip and Fall accident loans. The former generally concerns future payments from an existing settlement, while the latter typically relates to funding sought during a pending personal injury case.

If you are considering funding, review the proposed terms carefully and speak with your attorney or another qualified professional about your individual circumstances before making a decision.

Frequently Asked Questions

1. What is Structured Settlement Funding?
Structured Settlement Funding generally refers to an arrangement where a recipient receives money in exchange for rights to some future structured settlement payments. The transaction terms and legal requirements can vary.

2. Is a Structured Settlement the same as a lawsuit loan?
No. A Structured Settlement generally involves compensation that has already been arranged for scheduled future payments. Lawsuit or pre-settlement funding generally concerns a claim that has not yet reached its final resolution.

3. Are Slip and Fall accident loans the same as Structured Settlement Funding?
No. Slip and Fall accident loans generally relate to funding sought while a slip-and-fall personal injury claim is pending. Structured settlement funding generally concerns future payments from an existing settlement.

4. Should I speak with an attorney before using Structured Settlement Funding?
It can be helpful to discuss the proposed transaction with your attorney. An attorney can explain legal considerations related to your particular settlement and help you understand what rights may be affected.