Medicare Set-Aside, Medical Custodial and Trust Accounts are initially funded (ceded) with a lump sum cash disbursement usually provided from the payor (defendant). The remainder of the account is usually funded with a structured settlement annuity.

A structured settlement is the periodic payout of a settlement amount over a period of years, intended to meet the present and future medical needs of the injured party (claimant) on an income tax-free basis. This type of funding vehicle provides a proven, effective solution for the needs of the injured party. Claims professionals, claimant attorneys, defense attorneys, and judges advocate the use of a structured settlement in workers' compensation and general liability cases because it effectively meets the injured party's needs for security, providing more benefits over time than a single, lump sum settlement.

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Benefits of Structured Settlements

For the injured party

  • Meets the present and future needs of the injured party on an income tax-free basis
  • Tailored to meet future medical expenses, basic living needs or anything agreed to at settlement

For the Claimant's attorney

  • Offering a structure to the claimant insulates the claimant attorney from potential legal malpractice cases

For the Defendant

  • Faster, more efficient resolution of pending claim files
  • Relieves carriers of administrative responsibilities and provides reversionary benefits

For the Civil Litigation System

  • Judges view these types of agreements as an avenue for earlier conflict resolution

For more information on Structured Settlements please visit the National Structured Settlements Trade Association web site.


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